THE 

ROAD  LAWS 


OF 


CALIFORNIA 


EMBRACING    THE    PROVISIONS    OF    THE    CONSTITUTION,    THE    CODES, 

AND    SPECIAL  STATUTORY  ACTS  RELATING  TO  HIGHWAYS, 

BRIDGES    AND    THE    CONDEMNATION    OF    LANDS 

FOR    PUBLIC    USE. 


PUBLISHED  BY 

A.  CARLISLE  &  CO. 

SAN  FRANCISCO: 

1911. 


CONTENTS. 

Page. 
Provisions  of  the  Constitution,  Art.  IV,  §  25 ...  3 

Provisions  of  the  Political  Code — 

Highways,  §  §  2618-2773 7-51 

Toll-roads,  §§  2779-2832 51-62 

Toll-bridges,  ferries,  §§  2843-2896 63-73 

Wharves,  chutes,  and  piers,  §§  2906-2921      73-79 
Miscellaneous  provisions  relating  to  public 

ways,  §§  2931-2938,  3378,  3643 79-82 

Powers  and  duties  of  Board  of  Supervisors, 
§§  4041-4043,    4047,  4049a,  4052,  4072- 
4073,  4085J,  4222,  4321-4323,  4325  ....     82-93 
Provisions  of  the  Civil  Code — 

Railroad  Corporations,  §  465 97-100 

Wagon  road  corporations,  §§  512-524  ....  100-104 
Bridge,  ferry,  wharf,  chute,  and  pier  cor- 
porations, §§  528-531 105-107 

Telegraph    and    Telephone    Corporations, 

§  536 107 

Water  and  canal  corporations,  §  551 107-108 

Provisions  of  the  Code  of  Civil  Procedure — 
Trespass  for  cutting  or  carrying  away  trees, 

etc.— damages,  §§  733-734 Ill 

Eminent  domain,  §§  1237-1264 111-132 

Provisions  of  the  Penal  Code — 

Injuries  to  persons  §  §  273h,  367c-367e.  .  .  135-137 
Crimes    against    the    public    health    and 

safety,  §§  369a-369g,  386-391,  396 137-140 

Malicious  injuries,  §  §  587-593, 600, 607, 611, 140-145 
Special  Acts — 

Appropriations — 

Meyer's  Station  to  McKinney's 312 

Trinity,  Tehama,  and  Shasta  Counties 
'$?£    with  road  system  of  Humboldt 

County 313 

Lake  Tahoe  Wagon  Road 314 

Alpine  State  Highway 314 

239095 


ii  CONTENTS. 

Special  Acts — Continued  Page. 
Appropriations — Cont  'd . 

Shasta    County    through    Lassen    to 

Modoc  County 316 

King's  River  Highway 317 

Emigrant  Gap  to  Donner  Lake 317 

Bicycle  paths 155 

Boulevard  districts  and  boulevards 168 

Bridges  across  navigable  streams 149 

Bridges  across  rivers,  between  counties.  .  .  244 

Bridge  work  on  Lake  Tahoe  Road 156 

Contracts  as  to  road  improvement 257 

Contracts  for  construction  of  bridges ....  244 

I    Department  of  Engineering 184 

Electric  poles,  wires,  etc 303 

Ferries  across  rivers  within  one  county ...  272 

Ferries  across  streams  separating  counties.  157 

Forestry,  Board  of 246 

Franchises  for  street  railroads 159 

Franchises  for  steam  heating  purposes. . .  274 

Gravel  beds  and  quarries 155 

Guide  posts 158 

Highway  Commission 202 

Highway  lighting 249 

Highways  within  municipal  corporations..  272 

Motor  vehicles 234 

Parks  and  park  roads .  . . 150-151 

Right  of  way 149 

Rock  crushing 152 

Road  District  Improvement  Act  of  1907. .  211 

Shade  and  ornamental  trees 246 

State  highways,  care  of  etc 165 

State  Highways  Act .  . 263 

State  highway  bonds,  interest  on 273 

Street  railroad  franchises 159 

Steam  heating  franchises 274 

Street  work  on  boundaries  of  cities 275 

Streets,   liability  for  defects  in 310 

Taxes  for  maintenance  fund 311 

Uniform  system  of  road  government 156 


INDEX.  iii 

Section.     Page. 

Abandonment  of  highway 2619            7 

When  Highway  is  vacated  or 

ceases  to  be      2621,  2623        8-9 

Abandonment  of  wife  or  child,  how 

punished 273h         135 

Acceptance      of      highway,      what 

acquired  by 2631             9 

Alteration       of       highway.         (See 

"Changes") 

Animals,  confining  in  cars  without  rest  369b         138 
Leading  or  driving  along  railroad 

track 369e         138 

Bicycle  paths,  act  providing  ior. ....  155 

Franchises   for,   when  may  be)  4047          89 

granted J  524         104 

Board  of  forestry,  act  providing  for     .  246 

Bonds  of  permanent  road  divisions. . .     2745-73     41-51 

Election  for  the  issuance  of ....  2760           47 

Posting  and  publishing  notice  of .  2761           47 

Conduct  of  election 2762           48 

Certificate  of  result 2763          48 

Form  of  bonds 2764           48 

Rate  of  interest,  etc 2765           48 

Reversion  of  Funds 2766           49 

Road  District  Improvement  Act 

of  1907 211 

District,  act  relating  to       211 

Boulevards  and  boulevard  districts, 

act  providing  for 168 

Formation  of 1         169 

Petition  for 2         170 

Notice  of  hearing  petition ....  3         170 

Hearing 4         171 

Boundaries  of  district 5         171 

Notice  of  election  as  to 6         171 

Conduct  of  election.     Ballots...  7         172 
Election  of  board  and  commis- 
sion   8         173 


iv  INDEX. 

Section.  Page. 
Boulevards  and  boulevard  districts — 

Continued. 

Powers  of  boulevard  district ...  9  175 
Commissioners,    officers   of  dis- 
trict   10  176 

Meetings  and  powers 11  176 

Moneys  of  district,  how  ex- 
pended   12  176 

Commission     may     call     bond 

election 13  177 

Conduct  of  such  election 14  177 

Terms  of  bonds 15  179 

Estimate  of  moneys  needed. ...  16  180 

Supervisors  must  levy  tax 17  180 

Repository  of  funds 18  181 

Apportionment  of  funds 19  181 

Amount  to  be  raised  by  bonds  .  20  181 
County    surveyor    to    prepare 

map 21  182 

Filing  of  bond 182 

Proceedings  on  dissolution 23  182 

Supervisors  authorized  to  take 

land  for 4041  85 

Bridge  corporations 528-531  105-107 

Annual  report  of,  what  must 

contain 530  106 

Penalty  for  failure  to  make 530  106 

Law  applicable  to  natural  per- 
sons. . 531  107 

Must  obtain  authority  from 

supervisors 528  105 

When  corporate  existence  ceases  529  105 

Bridges,  erection  and  maintenance  of. 271 1-2716  32-35 

Are  highways 2618  7 

Building  of 4072-3  90 

Construction  and  repair  of 2713  33 

Plans  not  to  be  altered 4072  90 

Contracts  not  to  be  altered  ....  4073  90 

Liability  for  injury  to 2737  37 

License  to  take  tolls  on,  how 

fixed....  3378  81 


INDEX.  v 
Section.     Page. 
Bridges — Continued. 

Procedure  when  majority  of  sup- 
ervisors interested  in  applica- 
tion    4323  93 

Maintained,  how,  and  by  whom .  2711          32 

Maintainingof  without  authority  386         139 

Malicious  injury  to 587-588a  141-3 

Malicious  burning  of 600         144 

Malicious  interference  with ....  607         145 

Notice  on  and  penalty  for  dis- f  388         140 

regarding \  590b       143 

On  toll-roads 2791           55 

Semi-annual  meetings  of  Super- 
visors for  bridge  purposes  ....  2716           31 
When    aid    may   be    given   by 

county 2712           32 

When  across  lines  between  dis- 
tricts who  may  repair 2714  34 

When  supervisors  must  repair ..  2715           35 
(See  also  'Toll  Bridges") 

Bridges — Special  acts 

Act  authorizing  supervisors  to 

reconstruct  across  streams . .  .  149 

Act  providing  for  Lake  Tahoe 

bridge  work 156 

Act  providing  for  construction 

of  between  counties 244 

Building  of  bridges,  laws  gov- 
erning    4072-3  90 

(See  also  Toll  Bridges.) 

Buildings,  plans  for,  not  alterable. . .  4072          90 

Contracts  for,  not  alterable 4073          90 

Land  donated  for 4049a          89 

Canal  corporations 551         107 

Canals,  right  of  way  to  cross, 

how  obtained 2694  30 

Taking  water  from  or  obstruct- 
ing   592  143 

Malicious  interference  with 607         145 


vi  INDEX. 

Section.     Page. 

Changes  in  highway,  who  may  apply 

for 2681  24 

Crossing  of  railroads,  canals,  etc.  2694  30 

Fences  to  be  removed,  how ....  2695  31 
Land,  how    acquired    to    raise 

banks,  etc 2696  31 

Petition  for,  what  must  contain .  2682  28 

Bond  must  accompany  petition .  2683  25 
Proceedings  to  procure  right  to 

way 2690  28 

Payment  of  awards  and  expenses  2691  2  9 

>  Private  roads,  how  opened 2692  29 

Recording  of  transfer  of  right  of 

way 2693  30 

Viewers,  appointment  of 2684  25 

Duties  of 2685  25 

Report  of 2686  26 

How  paid 2687  26 

Proceedings  of  board  on  hear- 
ing report  of 2688  27 

Approval  of  report  of 2689  27 

Chauffeurs,  (See  Motor  Vehicles) 
hute  corporations 528-531   105-107 

(See  "Wharf  Corporations") 

Chutes 2906-2920     74-78 

See  ("Wharves") 
Cities      incorporated- — work  upon 

public  roads,  streets,  etc — An 

act 263 

Commissioners,  who  are 2641-2  11 

Duties  of  generally j  264£  17 

Duties  as  to  toll-roads 2827-2832     60-62 

Inspection  and  repair  of j  2827  60 

Closing  gates 2828  61 

S     Defects  in  road 2829  61 

Enforcing  obedience  to  notice  2830  61 

Fees  of 2831  62 

To  lay  out 2784  53 


INDEX.  vii 

Section.     Page. 
Commissioners — Continued. 

How    appointed    for   another 

county 2783  53 

Compensation  of 2785  54 

To  determine  value  of 2800-1     57-58 

Provisions  applicable  generally  2802  58 

Duties  as  to  bridges 2711  32 

When  one  fails  to  repair 2714-15  34 

Duty  as  to  encroachments 2731-44     36-40 

Inventories  to  be  made  by 4321  92 

May  collect  road  tax  from  em- 
ployers    2671  23 

May  remove  fences  when 2695  31 

J  Must  recover  penalties  lor  injury 

to  roads 2743  40 

Condemnation  of  land  for  public  uses .  1237-1264  112-132 
(See  "Eminent  Domain") 

Constitution,    local    or    special  acts 

prohibited 25  3 

Corporations 465-551  97-108 

Railroad 465  97-100 

Wagon  road 512-524  100-104 

Bridge,  ferry,  wharf  and  chute.  528-531  105-107 

Telegraph 536         107 

Water  and  canal 551         107 

Crimes  and  misdemeanors 367a-611  135-145 

Against  public  health  and  safety  369a-396  137-140 
3   Crossing     toll-bridges     without 

paying  toll 389  140 

Confining  animals  in  cars  with- 
out rest 369b  138 

>  Driving  faster  than  a  walk  over 

bridges 590b  143 

>  Engineer  omitting  to  ring  bell 

when  crossing  highway 390  140 

f         273h  135 

Injuries  to  persons J         367c  136 

367d  136 

[         367e  136 

Abandonment  of  family 273h  1 35 


viii  INDEX. 

Section.     Page. 
Crimes  and  misdemeanors — Continued. 

-  Motor  vehicle  collision 367c         136 

,  Intoxication  of  driver 367d        136 

Penalty  for  driver's  neglect 367e         136 

Leaving    gates    open    enclosing 

railroad 369d         138 

Leading  or  driving  animals  along 

track 369e         138 

Maintaining   bridges   or   ferries 

without  authority 386         139 

Malicious  injury  to  railroads .  .  .  587-587c  140-142 

'  Malicious  injury  to  highways. . .  <          roo  -,  49 

Malicious  injury  to  toll-houses 

and  gates 589         143 

Malicious  injury  to  mile  stones, 

etc 590         143 

Informer  to   receive   half  fines 

collected 590a         143 

Malicious    injury    to    telegraph 

lines,  etc 591         143 

Malicious     interference     with 

canals,  ditches,  flumes 592         143 

Malicious    injury    to    bridges, 

dams,  etc 607         145 

Malicious       interference      with 

electric  lines 593         144 

^  Malicious  burning  of  bridges ....  600         144 

'   Obstruction  of  streams 611         145 

o  Opera  ting  cars  without  suitable 

/     fenders 369a         137 

Riding  or  driving  vehicles  along 

tracks 369g         139 

Riding  or  driving  faster  than  a/  388         140 

walk  over  bridges \         590b         143 

cing  upon  highways 396         140 

Railroad  engineer,  who  becomes 

intoxicated 369f         139 


INDEX.  ix 
Section.     Page. 
Damages  on  condemnation  of  land  for 

public  uses 1247-1256  123-130 

(See  "Eminent  Domain") 

For  toll-road,  where  to  be  paid .  .  2788  54 
If  not  accepted,  proceedings  to 
procure  right  of  way  must  be 

instituted 2690  28 

DEPARTMENT  OF  ENGINEERING— 

Act  creating 184 

Creation  of 1  186 

Consulting  board  of  irrigation. ..  \]/2     186 

State  engineer 2  187 

Duties 2  187 

Term  of  office 3  187 

Bond 4  187 

Office  of  department 5  188 

Assistants 6  188 

Highway  engineer 6a  188 

Meetings  of  advisory  board ...  7  189 
Supersedes    board    of    public 

works 8  190 

River   and   harbor   improve- 
ments   8  190 

Control  of  State  highways 9  192 

Examination  of  highways ....  10  193 

Form  of  books 10  193 

Forms  for  surveying 10  193 

Architectural  work 11  194 

Assistant  engineer,  S.  F.  har- 
bor    12  194 

Co-operative  work  with  U.  S. 

government 13  195 

Transfer  of  funds 13  195 

Debris  commission 14  196 

Payment  of  claims 14  196 

Employment  of  assistants ...  15  197 

Report  of  inspectors 15  197 

Employment  of  clerk 15  197 

Biennial  report  of  engineer. .  .  16  198 

Duty  of  State  Printer 16  198 


x  INDEX. 

Section.       Page. 

Department  of  Engineering — Continued. 
Salaries  of  engineer  and  assist- 
ants    17         199 

Bonds 17         199 

Oath  of  office 17         199 

Traveling  expenses 17         199 

Auditing  of  bills 18         200 

Attorney-General  legal  ad- 
viser   18  200 

Appropriation  for  salaries ....  19         200 
Certain  commissions  to  trans- 
fer all  property 20         200 

Repeal  of  act  creating  com- 
missioner of  public  works ..  21         201 
Repeal  of  act  creating  Depart- 
ment of  Highways 22         201 

Repeal  of  act  creating  audit- 
ing board 23  201 

Repeal  of  act  creating  debris 

commissioner 24         202 

Repeal  of  act  creating  Lake 
Tahoe  wagon  road  com- 
missioner   25  202 

Department  of  Engineering  shall  con- 
trol contracts  for  construction 

of  roads,  etc 1         257 

Ditches,  right  of  way  to  cross,  how 

obtained 2694  30 

Taking  water  from  or  obstruct- 
ing    592         143 

When  must  be  bridged 2737  37 

Districts,  act  relating  to  road 211 

Division  of  road  funds 2656 

/Drivers    of    motor    vehicles,    rules/        367c         135 

/  governing \         367e         136 

Intoxication  of ,  a  misdeamenor .  367d         136 

^  Penalty  for  intoxication 367e         136 

ivers    of    vehicles,    addicted    t  o 

drunkenness 2932  80 

Notice  to  employers  of 2933          80 

Must  not  leave  horses  standing 

unfastened 2934          80 


Section. 


XI 

Page. 


INDEX. 

Drivers  of  vehicles— Continued. 

Penalty  for 2935  80 

Liability  of  owners  of  vehicles 

for  damages  by 2936  80 

Exceptions  to  this  rule 2937  81 

Rules  governing. 2931  79 

Driving  faster  than  a  walk  over  toll-  [  2938  81 

bridges  and  penalty  for  dun  590b  143 

regarding [  388  140 

Vehicles  along  railroad  tracks  .  .  369g  139 

^       Animals  along  railroad  tracks .  .  369e  138 

Easement,  in  highway 2631  9 

Election  for  issuing  road  bonds 2760-2764  47-50 

On  special  road  tax 2754-2758  45-46 

Electric  lines,  malicious  interference 

with 593  144 

Electric  poles,  wires,  etc.,  act  govern- 
ing.   303 

Eminent  domain 1237-1264  112-132 

Defined 1237  112 

Purposes  for  which  it  may  be 

exercised 1238  112 

What  rights  in  land  may  be  ac- 
quired by  condemnation 1239  116 

Private   property    defined    and 

classes  enumerated 1240  117 

Facts  necessary  to  be  found  be- 
fore condemnation 1241  120 

How  land  required  for  public  use 

must  be  located 1242  120 

Where    and    how    proceedings 

must  be  brought 1243  121 

Complaint  and  its  contents ....  1244  121 

Summons,  what  to  contain ....  1245  122 

Answer  of  defendant 1246  122 

Power  of  court  to  regulate  and/  1247  123 

determine 1  1247a  123 

1 24&  1 2S 

Value  of  damages,  how  assessed .  <  i248a  125 


xii  INDEX. 

Section.  Page. 
Eminent  domain — Continued. 

Value  at  date  of  summons,  the 

measure  of  compensation. ...  1249  125 
Defective   title   may  be   cured, 

how 1250  126 

Damages  assessed  must  be  paid 

when 1251  126 

And  to  whom  paid  and  how 1252  127 

Fences,  etc.,  may  be  built,  when  1251  126 

Title  vests,  when 1253  127 

Putting  plaintiff  in  possession.  .  1254  128 

Costs  of  the  action,  how  paid..  .  1255  130 

Abandonment    of   proceedings.  1255a  130 

New  trial  and  appeals 1257  131 

When  law  takes  effect  and  con- 
struction thereof 1258-1264  131-132 

Action  to  have  preference  over 

other  civil  actions  in  point  of 

time 1264  132 

Rules  of  practice 1256  130 

Proceedings  to  procure  right  of 

way 2690  28 

Proceedings  to  acquire  toll  roads  2787  54 
Proceedings  to  acquire  land  for 

wharf,  chute  or  pier 2913  76 

Proceedings  to  declare  streams 

highways 4085J  91 

Encroachments  on  highways 2731-2744  35-40 

^"  Removal  of 2731  36 

Notice  to  remove 2732  36 

Penalty  for  neglect  to  remove.  .  2733  36 

Action  for  nuisance,  when  can  be 

maintained 2734  36 

How  removed  when  not  denied. .  2735  37 

Leaving  gates  open  or  riding  off 

road 2736  37 

Obstructing  or  injuring  highway  2737  37 

Injuring    milestones    or    guide- 
posts  2738  39 

Fallen  trees,  how  removed 2739  39 

Unauthorized  felling  of  trees  . .  .  2740  39 


INDEX.  xiii 

Section.       Page. 

Encroachments  on  highways — Continued. 
/^  Destroying  shade  or  ornamental 

trees 2742  39 

Recovery  and  application  of  pen- 
alties for 2743  40 

Service  of  notice  by  publication 

on  non-residents 2744  40 

On  Toll  Roads 2815-2817  60 

Fences     encroaching    on    road 
• »      must  be  removed 1         165 

Supervisors  may  build 2647  19 

(See  also  " Encroachments  on  Road") 
Fences,  building  of 2647  19 

Removal  of 2695  31 

*  Ferries,  Public 2843-2858     63-73 

Who   may   grant   authority   to 

construct 2843  63 

Notice  of  intention  to  construct 

must  be  given 2844  63 

Duties     of     Supervisors     upon 

granting  authority 2845  64 

Procedure  when  majority  of 
Supervisors  interested  in  ap- 
plication    4323  93 

License  tax  and  rate  of  toll,  how 
fixed 2846  64 

Report  of  owner  or  keeper 2847  65 

Inquiries  to  be  made  upon  fixing 

rate  of  license  or  toll 2848  65 

License  tax  to  be  fixed  when. .  .  2849  65 

Bond  of  owner,  conditions  and 

execution. .' . 2850  66 

When  ferry  unites  two  counties.  2851  66 

Supervisors  shall  not  act  if  in- 
terested    2852  66 

When  may  be  installed  within 

one  mile  of  one  another 2853  67 

Preferred   owner   of   land  may 

build 2854          67 

How  lands  are  acquired  for  use  of          2855  67 

Must  post  rates  of  toll 2856  67 


xiv  INDEX. 

Section.       Page. 
Ferries,  Public — Continued. 

Revenue  derived  from  license, 

how  disposed  of 2857           68 

Owner  must  keep  banks  in  repair  2858           68 

General  powers  of  supervisors.  .  4041     82-88 
Across    navigable  streams  sep- 
arating counties,  act  relating 

to . 157 

Across    rivers    wholly    in    one 

— --        county 272 

(See  also  "Toll  Ferries") 
Ferry  Boats — defined,  and  how  as- 
sessed     3643  81 

Ferry  Corporations 528-531  105-107 

(See  Bridge  Corporations) 
Floods,  Protection  from — may  levy 

special  tax 2643a           16 

Acquiring   land    for   protection 

from 2696           31 

Protection  from  damage  by  ....  4043           89 
May  condemn  right  of  way  for 

flumes,  ditches  and  canals . .  .  4043           89 

Flowers  on  road  side,  protection  of. .  246 

Forestry — Act  creating  board  of  etc.  246-249 

County  board  of  forestry 1         247 

Appointment 2         247 

Term  of  office 3         247 

Organization 4        247 

Appointment  of  forester 5         247 

Power  and  duty  of 6         247 

Power  of  board 7         248 

Control  of  trees 8         248 

Violation 9         249 

Moneys  received  as  penalties.  .  .  10         249 

Expenses 11         249 

Franchise,  when  expired 2619            7 

On  wharves,  chutes  and  piers, 

what  constitutes 2915           76 

For    paths    and     roads,     how/  4047          89 

granted \  524         104 

Procedure    when    majority    of 

Board  interested 4323           93 


INDEX.  xv 

Section.       Page. 

Franchises,  acts  providing  for  sale/  159-164 

and  granting  of \  274 

How  granted 1         159 

Application  for  how  made 2         160 

Publication  must  state  what ...  3         160 

Percentage  paid  when 3         160 

Forfeited  when 3         160 

When  an  extension 4         161 

Bid.      Deposit.      Re-advertised 

when 5         161 

When  work  shall  commence  and 

be  completed 6         162 

Bond,  when  and  where  filed. ...  7         163 

Duty  of  Attorney-general 8         164 

Certain  provisions  forbidden.  .  .  9         164 

Violation  of  act 10         164 

Acts  repealed 11         164 

Gates,  penalty  for  leaving  open  or 

/     riding  off 2736           37 

How  maintained 2736           37 

On    toll    road    ordered    thrown 

open 2828           61 

Penalty  for  closing  gates  ordered 

thrown  open 2828           61 

Toll  gates,  when  may  be  erected  •  i  2878          70 

Defect  in  toll  gate 2829           61 

Wagon  road  corporation  must 
not  place  gate  on  public  high- 
way   515  102 

Wagon  road  corporations  must 

post  rates  of  toll  at 516  102 

May  detain  persons  until  toll  is 

paid 517  102 

Toll  gatherer  must  not  delay 

persons  unnecessarily 518  102 

Persons  avoiding  passing 

through  gate  liable  to  pay  fine  519  103 

Injury  to  a  wagon  road 520         103 

Malicious  injury  to,  a  misde- 
meanor   589  143 

Interference  with.  .  592         143 


xvi  INDEX. 

Section.       Page. 
Gravel  beds — municipal  corporations 

may  own  and  work 155 

Gravel,  act  relating  to,  for  repairing 

roads 155 

52738  39 

6         167 

On  toll  roads 2796  56 

Malicious  Injury  to 590 

Special  act  providing  for 158 

Hedges — protection  of 246 

(See  also  "Trees") 
Highway  Commission — act  providing 

for  appointment  and  duties  of.  202-21 1 

When  may  be  appointed 1         203 

Of  whom  shall  consist 2         203 

Term  of  office.     Bond 

Main  public  highway  defined ...  3         204 

Duties  of  commissioners 

Employment  of  engineer 5         205 

Report  of  Board  of  Supervisors.  6         205 

Election  as  to  issue  of  bonds ...  7         205 

Sale  of  bonds 206 

Supervision  of  funds 9         207 

Shall  advertise  for  bids 207 

Bond  of  contractor 9         207 

Character  of  improvements  ....  10 

Condemnation  of  land 11         209 

Incorporated  city  may  improve 

highway 12         210 

Repairs 13         210 

Commission  to  file 'statement  .  .  14         210 
Per  diem  of  commissioners  how 

paid 15         211 

Highway  commission  may  remove 

encroachments  on  road 1-4  165-166 

May  be  permitted  to  construct 

within  city  limits 272 

Highway  Labor — employers  respon- 
sible for  road  poll  tax  assessed 
against  employees 2671  23 


INDEX.  xvii 

Section.  Page. 

Highway  lighting — act  providing  for.  249-257 

Definitions 1  250 

Street  lights 2  250 

Petition  for  lighting  district ....  3  250 

Election  to  determine .  . 4  251 

Conduct  of  election 5  251 

Who  may  vote 6  251 

Canvass  of  vote 7  251 

Duty  of  Supervisors 8-9  251-2 

Evidence  of  validity 10  252 

Supervisors  of  lighting  districts  11  252 

Prior  lights,  maintenance  of. ...  12  254 

Erection  of  poles 13  254 

Estimate  for  tax  levy 14  254 

Tax  levy 15  255 

Disposition  of  levy 16  255 

Designation  of  district 17  255 

Dissolution  of  district 18  256 

Highway  Officers 2641-2647  11-19 

Supervisors    to    divide    county 

into  road  districts 2641  11 

Road  overseers  who  are 2642  11 

Duties  of  supervisors  respecting 

roads 2643  12 

Protection   from   storm   waters  I 

and  floods..                             :\  24043  89 

Claim  for  labor  performed 2644  17 

Road  commissioners,  duties  of  .  2645  17 

Supervisors     have     charge     of 

repairs 2646  18 

Road  fences,  construction  of  ...  2647  19 

Highway  Taxes 2651-2656  19-22 

Supervisors  may  establish  gen- 
eral road  fund 2651  19 

May  levy  road  poll  tax 2652  21 

May    levy    taxes    on     taxable 

property 4041  82 

Must  fix  property  highway  tax .  2653  22 

Assessment    and    collection    of 

property  tax 2654  22 


xviii  INDEX. 

Section.  Page. 
Highway  Taxes — Continued. 

Taxes  to  be  expended  in  district.          2655  22 

Division  of  Road  Funds 2656  22 

May  be    collected    from    employer, 

when 2671  23 

Highways^ — 

Adjoining  owner  may  construct 

sidewalk 2632  9 

Adjoining  owner  may  plant  trees           2633  10 
By    accepting,    public    acquire 

right  of  way  only 2631  9 

R.,                                              /  27 11-27 16  32-35 

Brldgeson \4072-4073  90 

Cessation  or  discontinuance  of .  .  262 1-2623  8-9 

Chutes 2906-2920  74-78 

Definition  of 2618  7 

Driving  on 2931-2933  79-80 

Easement  in 2631  9 

Ferries 2843-2896  63-73 

Ferry  boats  and  assessment  of. .           3643  81 
Laying  out,  altering  or  discon- 
tinuing  2681-2696  24-31 

Laws  of  highway 2931  79 

License  to  take  tolls  on  bridges, 

etc 3378  81 

Named,  how 2636  10 

Notices  to  be  put  up  on  toll- 
bridges  2938  81 

Obstructions  and  injuries  to 2731-2744  36-40 

Origin  of  and  how  established .-.           2916  77 

Permanent  road  divisions 2745-2773  45-51 

Piers 2906-2921  74-78 

Rules  and  restrictions  respecting 

use  of 2631-2633  9-10 

Record  of  proceeding  relating  to.           2622  8 

{ 

Streams  may  be  declared  high- 
ways   4085J  91 

Work  on,  by  one  who  abandons 

wife  or  child 273h  135 


INDEX.  xix 

Section.       Page. 
H  ig  hways— €ontinued . 

Title  to 2623  9 

Toll-roads 2779-2832     52-62 

Toll-bridges 2843-2881     63-71 

Toll-ferries 2892-3378     71-81 

Wharves 2906-2921     74-78 

Width  of  highways 2620  8 

(See  also  "Roads") 

Highways — Special  acts  relating  to  .  149-318 

Act  granting  right  of  way  for .  .  149 

Act   concerning   bridges   across 

streams 149 

Act  authorizing  roads  into  parks  150-151 

Act   concerning  jurisdiction   of 

cities  over  parks 151 

Act    regulating    rock    crushing 

plant  at  Folsom 152 

Act  relating  to  bicycle  paths. . .  155 

Act    authorizing    purchase    of 

gravel  beds,  etc 155 

Act  providing  for  bridge  work 

on  Lake  Tahoe  road 156 

Act  relating  to    ferries    across 

streams  between  counties. ...  157 

Act   making   appropriation   for 

guide  posts 158 

Act  relating  to  street  railroad 

franchises 159 

Act  providing  for  care,  etc.,  of 

highways 165 

Act  providing  for  boulevards. . .  168 

Act     creating     department     of 

engineering 184 

Act    providing   for   repair   and 

improvement  of  highways .  .  .  202 

Road  District  Improvement  Act 

of  1907 211 

Act  regulating  motor  vehicles .  .  234 

Act    relating    to    bridges    over 

waters  between  counties 244 


xx  INDEX. 

Section.        Page. 

Highways,  special  acts — Continued. 
Act  to  preserve  shade  and  orna- 
mental trees 246 

Act  providing  for  street  lighting.  249 

Act    regulating    contracts    for 

repair  of  roads 257 

State  Highway  Act 263 

Act     authorizing     construction 

within  cities 272 

Act    relating   to    ferries    across 

streams  within  one  county. .  .  272 

Act    authorizing    payment    of 

interest  of  highway  bonds .  .  .  273 

Act  authorizing  steam  heating 

pipes 274 

Act  providing  for  street  work 

on  outside  boundaries  of  cities  275 

Act  regulating  electric  poles,  etc.  303 

Act    relating    to    liability    for 

defects  in  streets 310 

Act  relating  to  tax  for  county 

highway  maintenance  fund.  .  311 

Acts  making  appropriations 312-318 

Improvement  of  roads  on  permanent 

road  division,  petition  for 2751-2759     44-46 

Incorporated    cities  or  towns,  work 
upon    public    roads,    streets, 

etc. — An  act 272 

Injuries  to  persons 367c-367e  135-137 

Abandonment  of  family 273h         135 

Motor  vehicle  collision 367c         135 

Injury  to  wagon  roads,  penalty  for. .  520         103 

Labor — claim  for  labor  performed  .  . .  2644  1 7 

Employer  responsible  for  road 

poll  tax  assessed  to  employees  2671  23 
Laying  out,  altering  and  discontinu- 
ing roads 2681-2696     24-30 

Laying  out  wagon  road 512         100 

Laying  out  toll-roads 2784          53 

Lawns,  protection  of 246 


INDEX.  xxi 


Section      Page. 


Laws  of  highways 2931  79 

License  to  take  tolls,  how  fixed 3378  81 

License  tax  on  bridges  and  ferries, 

how  fixed 2848-9  65 

To  whom  paid 2851  66 

Proceeds,  how  used 2857  68 

Lighting  system 249 

Lighting  districts 249 

(See  " Highway  Lighting".) 

Milestones,  penalty  for  injury  to 2738  39 

On  toll  road 2795  56 

Injury  to  on  wagon  road,  pen- 
alty for 520  103 

Malicious  injury  to 590  143 

Misdemeanors — (See  Crimes  and  Mis- 
demeanors) 

Motor  vehicles,  act  regulating 234-244 

Terms  defined 1  235 

Owner  to  file  statement (1)         2  236 

Registration  of  vehicle (2)         2  236 

Registration  seal (3)         2  236 

Previous  registration (4)         2  236 

Number  to  be  displayed (5)         2  237 

Each  style  registered (6)         2  237 

Fictitious  seal  or  number ......  (7)         2  237 

Vehicle  must  have  seal (8)         2  237 

Vehicles  of  non-residents (9)         2  238 

Rate  of  speed (1)        3  238 

Approaching  bridge (2)         3  238 

Warning  of  approach (3)         3  239 

When  to  stop (4)         3  239 

In  case  of  accident (5)         3  239 

Highway  for  speed  tests (6)         3  239 

Duty  on  meeting  team (1)         4  240 

Brakes,  horn  and  lamps (2)         4  240 

Local  ordinances (3)         4  241 

Speed  regulations (3)         4  241 

Signs  on  Public  Streets (3)         4  241 

Speed  in  public  parks (4)         4  242 

Civil  suits  for  injuries (5)        4  242 


xxii  INDEX. 

Section.       Page. 
Motor  vehicles — Continued. 

Chauffeur  must  file  statement .  .  (1)         5         242 

Registration  of  chauffeur (2)         5         242 

Registration  seal  of (3)         5         243 

Seal  not  to  be  worn  by  another  (4)         5         243 

Violation  of  act 6        243 

Fees,  disposition  of 7         244 

Appropriation 8        244 

Motor  vehicle  department 8a         244 

Duty  of  driver  in  case  of  acci- 
dent   367c         135 

Intoxication    of   driver   a    mis- 
demeanor   367d         136 

Penalty  for  intoxication 367e         136 

Municipal  corporations — 

May  permit  construction  of  high- 
way within  limits 272 

May   improve   highway   within 

limits 12         202 

May  construct  roads  to  and  into 

parks  outside  limits 151 

Jurisdiction  extends  parks  out- 
side   151 

May  own  gravel  beds  and  quar- 
ries   155 

When  entitled  to  portion  of  gen- 
eral road  fund 2656           22 

Public  ferries,  owned  by 2896           73 

Name,  how  acquired 2636             9 

Navigation  of  streams,  obstruction  of  611         145 

Nuisance,  action  for 2734           36 

Overseers— (See  Commissioners) .  . .  .2641-2645     38-40 
Obstructions  and  injuries  to  high ways273 1-2744     36-39 
(See  Encroachments) 

To  toll-roads 2815-2817  60 

Owners  along  road  may  plant  trees .  .  2633            9 

May  petition  to  name 2636             9 

Paths,  act  concerning 155 

Franchises  for,    when    may   be)  4047           89 

granted )  524         104 

Side  paths  may  be  set  apart. . .  2643           16 


INDEX.  xxiii 

Section.       Page. 
Parks,  beyond  city  limits,  authority 

over 151 

Act   authorizing  roads   to   and 

through 150 

Private  roads,  width  of 2620  8 

Opened,  how 2692          29 

Penalty   for  neglect  to   remove  en- 
croachments    2733          36 

For  leaving  gates  open  or  riding 
off  road 2736  37 

For    obstruction    or    injury    to 

highways 2737          37 

For  injuring  milestone  or  guide 
post 2738  38 

For  disregarding  notice  of 
bridges 2741  38 

For  failure  to  remove  encroach- 
ments from  toll-roads 2714-2715  34-35 

Recovery  and  application  of  pen- 
alties    2743  39 

For  passing  toll  gate  with  pav- 

mentoftoll 2880  71 

Recovered  under  regulations  for 

public  ferries,  how  disposed  of  2895  73 

For  taking  tolls  on  wharves, 
chutes  or  piers  when  not  in 
good  repair 2918  77 

For  disobeying  laws  of  the  high- 
way  . 2931  79 

For  employing  driver  addicted 

to  drunkenness 2932-2933  80 

For  leaving  horses  standing  un- 
fastened   2934  80 

For  the  taking  of  unlawful  tolls 
by  wagon  road  corporations. .  514  101 

For  avoiding  the  payment  of 

tolls  to  road  corporations. . . .  519         103 

For  injury  to  wagon  roads,  etc . .  520         103 

For  failure  to  make  annual  re- 
port by  corporation 530  106 

For  injuring  trees 733         111 

For  neglect  to  perform  duty.  .  .  4325  93 


xxiv  INDEX. 

Section.  Page 

Permanent    road    divisions,    forma- 
tion of 2745-2750  41-43 

Construction  of  act 2773  51 

Special  road  tax 2751-2759  44-46 

Road  bonds 2760-2766  47-49 

Manner  of  performing  work  on .  .  2767-2773  49-51 
(See  Road  Divisions) 

Piers 2906-2921  74-78 

(See  Wharves) 

Pier  corporations 528-531  105-107 

(See  Wharf  Corporations) 
Private  property,  when  may  be  taken 

for  public  uses 1240  117 

Quarries,      municipal     corporations 

may  own 155 

Right  of  way,  acquired  how 2631  9 

Proceedings  to  procure  right  of 

way 2690  28 

Recording  of  transfer  of  when 

voluntarily  given 2693  30 

May  condemn  for  flumes,  ditches 

and  canals 4043  89 

Act  granting  to  highways 149 

Railings    on  toll-bridges 2878  70 

Railroad  crossings 2694  30 

Railroads,  etc.,  malicious  injury  to. .             587  141 
Railroad  corporations  may  be  granted 
authority        to         construct 

wharves,  chutes,  piers,  etc .  .  .           2921  78 

Powers  of 465  97 

Repair  of  highways |        2643  13-14 

Road  bonds — election  for  issuing  road 

bonds 2760  47 

Posting  and  publishing  notice ..  2761  47 

Conduct  of  election 2762  48 

Certificate  of  result 2763  48 

Form  of  bonds 2764  48 

Rate  of  interest  and  what  bonds 

must  contain 2765  48 

How  sold 2765  48 

Reversion  of  funds 2766  49 


INDEX.  xxv 

Section.  Page. 

Road  Commissioners 2641-2642  10-11 

(See  Commissioners) 

Road  District   Improvement  Act  of 

1907 211-234 

Road  district  improvement .... 

Power  of  supervisors 1 

Specifications 

Resolution  of  intention 2-3 

Publication  and  posting 4  217 

Objections  to  work 5  217 

When  Board  to  order  work.  ...  6  219 

Boundaries  of  district 6  219 

Notice  of  proposals 6  219 

Publication  of  notice 7  220 

Consideration  of  bids 7  220 

Notice  of  award 7  220 

Bonds  accompanying  bids  ....  7  220 

If  bidder  fails  to  make  contract .  8 

Terms  of  contract 9  222 

Bond  of  contractor 9  222 

Declaration    on    completion   of 

work 10  223 

Notice  of  hearing  whether  ac- 
cepted    10  223 

Form  of  notice  and  publication.  10  223 

Objection  to  acceptance 10  223 

Resolution  of  acceptance 11  227 

Issuance  of  bonds 12  228 

Form  of  bond,  coupons  etc ....  12  228 

Special  bond  fund 13  230 

Special  tax 13  230 

Transfer  from  general  road  fund  13  230 

Powers  of  supervisors 14 

Appointment  of  engineer 14  231 

Superintendent  of  work,  etc 14  231 

Costs  of  proceedings 15  232 

Place  of  publication  how  chang- 
ed    16  233 

Filing  of  papers 17  233 


xxvi  INDEX. 

Section.       Page. 

Road  districts,  how  formed 2641  10 

When  county  may  aid  to  main- 
tain bridges 2712  32 

Labor  performed  in  claim  for.  .  .  2644  17 

When  becomes  part  of  town ....  2656  22 

Special  act  relating  to 211-234 

Road  divisions 2745  41 

Petition,  formation  of 2746  42 

Accompanied  by  affidavit. . .  .  2747  42 
Publication   of   petition   and 

notice 2748  42 

Hearing  of 2749  43 

Boundaries  of 2750  43 

Improvement  of  roads,  petition 

for 2751  44 

Duty  of  board  on  receipt  of 

petition 2752  44 

Funds  may  be  set  apart  for.  .  2753  45 
Duty  of  board  with  regard  to 

special  tax 2754  45 

Election,  special  tax j  97*5$  46 

Election  bond 2760  47 

Notices  must  specify,  what. . .  -j  9  JU  47 

Ballots 2757  46 

Officers  must  certify  result  of .  .  2758  46 
Supervisors  to  compute  levy  and 

collect  tax :  2759  46 

Money  remaining  when  division 

lapses 2770  50 

Where    notices   must   be   pub- 
lished   2771  50 

Expenses  of  organizing  division .  2772  51 

Construction  of  act 2773  53 

Road  fund,  division  of 2656  22 

Supervisors  may  establish 2651  19 

Of  what  shall  consist 2651  19 

Penalty  for  violation  : 2651  19 

Road   government,   act   relating  to 

uniform  system  of 156 


INDEX.  xxvii 

Section.       Page. 

Road  Labor,  work  to  be  done  on  con- 
tract   2767          49 

Method  of  procedure  in  obtain- 
ing bids 2768           49 

Payments  on  account 2779          52 

Road  overseer — 

(See  "Commissioners") 

Roads,  act  regulating  contracts  for .  .  257 

Control  of  construction 1         257 

Contracts 2         258 

Registration  of  bidders.  ..' 2         258 

Award  of  contracts 3         259 

Work  by  day's  labor 3         259 

Change  of  plans 4         260 

Estimates  not  to  be  exceeded .  .  5        260 

Payments  upon  contract 6         260 

Injury  to  state  a  felony 7         260 

Neglect  to  work 8         261 

Time  limits 9         262 

Bonds 9         262 

Act  of  1876  repealed 10         262 

Causes  of  action  continued 11         263 

Roads— 

(See  "Highways") 

Rock  crushing  plant  at  Folsom,  act 

regulating 152 

Rules  of  the  highway 2931           79 

Shrubs,  protection  of 246 

Sidewalks,  who  may  construct 2632            9 

Trespassing  on 2632            9 

Expense  of  erecting  and  main- 
taining   2643           12 

Supervisors  must  set  apart 2643           12 

Special  road  tax 2751-59    44-46 

State  Highways  Act,  voted  on  Nov. 

1910 263 

Storm  Waters — 

(See  "Floods") 


xxviii  INDEX. 

Section.       Page. 
Streams,     act     concerning     bridges 

across 149 

May  be  declared  highways,  when  4085J        91 

Obstruction  of 611         145 

Ferries  across 157 

Street  Lighting— 

(See  "Highway  Lighting") 

Superintendent  of  repairs 2696          31 

Supervisors  shall  divide  county  into 

road  districts 2641  10 

Procedure  when  majority  inter- 
ested   4323  93 

Powers  and  duties  respecting 

roads 2643  12-16 

Must  protect  roads  from/  4043  89 

floods \  2643a  16 

Maintain  and  repair  roads.  .  .  .  2646  18 

Build  fences,  when 2647  19 

Acquire  land  to  raise  banks  of 

streams 2696  31 

Duties  generally 4041  82-88 

Road  abandoned  by  order  of .  .  .  2619  7 

Road  declared  by 2621  8 

Shall  keep  record  of  proceedings 

relating  to  roads 2622  8 

Must  direct  and  supervise  road 

commissioners 2645  17 

Must  not  be  interested  in  con-/  4322  92 

tracts,  franchises,  etc \  4323  93 

May  establish  road  fund 2651  19 

May  levy  road  poll  tax 2652  21 

Levy  taxes  on  taxable  property .  4041  85 

Must  fix  property  highway  tax .  2653  22 

Penalty  for  neglect  of  duty.  . .  .  4328  93 
Payment  for  prisoner's  work  to 

be  made  to  wife  or  child 273h  135 

Proceedings  of  on  hearing  report 

of  viewers 2688  27 

Proceedings  of  on  approval  of 

report 2689           28 


INDEX. 


Section. 


XXIX 

Page. 


Supervisors  shall  divide — Continued. 

Proceedings  to  procure  right  of 
way 2690  28 

Payment  of  wards  and  expenses.          2691          29 

May  open  private  road 2692          29 

Acquire  land  for  public  boule- 
vards    4041  85 

Provide  for  working  of  prisoners.  4041          86 

Regulate  size  of  wagons  and 

tires 4041  86 

May  improve  streams  not  navi- 
gable    4042  88 

Grant  franchises  and  licenses  for 

taking  tolls 4041  86 

General  powers  of 4041     82-88 

Additional  powers  and  duties .  .     4042-52     88-90 

May  improve  streams 4042  88 

Duty  of,  to  protect  from  floods  .  4043  89 

May  grant  franchises  for  paths .  4047  89 

Shall  prepare  annual  report .  .  .  4049a         89 

Must  receive  land  donated  for 

county  buildings 4052  90 

Enact  ordinances  for  repair  and 

control  of  road 4041  87 

Levy  special  road  fund  tax ....  4041          87 

Encourage  tree  planting 4041  87 

Provide  for  improvement  of 

river  banks 4041  87 

Penalty  for  neglect  to  perform 

duty 4325  93 

Have  management  of  bridges. ..  2711  32 

May  order  county  to  pay  for, 

when 2712  32 

To  let  out  contracts  for  con- 
struction and  repair  of  bridges  2713  33 

When  must  repair  bridges 2715          35 

Must  hold  meetings  at  which 
road  commissioners  are 
present 2716  35 

Duty  of  board  with  regard  to 
special  tax 2751-2759  44-46 


f 

xxx  INDEX. 

Section.       Page. 

Supervisors  shall  divide — Continued. 

Duty  with  regard  to  toll-roads . .  2779-2802     52-62 
Duty  with  regard  to  public  fer-  . 

ries  and  toll  bridges 2843-2895     63-73 

Duty  in  regard  to  toll  bridges.  .2870-2881     68-71 

Duty  in  regard  to  ferries 2892-2895    71-73 

Duty    in    regard    to    wharves, 

chutes  and  piers 2906-2921     74-79 

Duty  on  application  for  chang- 

ingroad 2681-96    29-31 

May  grant  license    to    bridges, 

ferries,  wharves,   chutes  and 

piers  corporations 528-531  104-107 

When  to  prescribe  fenders  to  be 

used  on  cars 369a       137 

To  prescribe  form  of  bonds  for 

road  divisions 2760  47 

Act  authorizing  them  to  recon- 
struct bridges  across  streams  149 
An  act — Joint  construction  and 

repair  of  bridges  between  two 

counties 244 

To  order  construction  of  chutes .  2906           74 

State  Engineer— ^(See  Department  of 

Engineering — An    act) 184 

Taxes,  highway 2651-2655  19-22 

Supervisors  may  establish  gen- 
eral road  fund 2651  19 

Road  poll  tax 2652  20 

How  paid 2671  23 

Property  highway  tax 2653 

Assessment  and  collection  of ...  2654 

To  be  expended  in  districts 2655  22 

Division  of 2656  22 

Telegraph  and  telephone  corporations  536  107 

Construction  of  lines 536  107 

Malicious  injury  to  lines  of 591  143 

Title  to  road,  when  required 2623  9 

Towns — An  act  relating  to  work  on 

public  roads,  streets,  etc 272 


INDEX.  xxxi 

Section.  Page. 
Tolls  license  to  take  on  bridges,  etc. 

how  fixed 3378  81 

Wagon  road  corporations  may 

take 514  101 

Must  not  take  on  public  high- 
way  '..  515  102 

Must  post  rate  of  tolls  at  gate.  .  516  102 

May  detain  persons  until  they 

pay 517  102 

Must  not  delay  unnecessarily.  .  518  102 

Person    avoiding    payment    of, 

liable  to  penalty 519  103 

When  toll  must  be  reduced. ...  521  103 

On  wharves,  chutes  and  piers  .  .2916-2918  77 

Notices  to  be  put  up  on  bridges .  2938 

Persons    passing    gate   without}  2880  71 

paying,  penalty /  389  140 

Persons  exempt  "from  payment)  2814  59 

of j  2879  71 

Supervisors  may  grant  licenses .  4041  90 

Procedure  when  majority  of 
supervisors  interested  in  ap- 
plication    4323  93 

Toll  bridges 2843-2881  63-71 

Who   may   grant   authority   to 

construct. 2843  63 

Notice  of  intention  to  construct 

must  be  given 2844  63 

Duties  of  supervisors  upon 

granting  authority 2845  64 

License  tax  and  rate  of  toll,  how 

fixed 2846  64 

Report  of  owner  or  keeper 2847  65 

Inquiries  to  be  made  upon  fixing 

rate  of  license  or  toll 2848  65 

License  tax,  to  be  fixed,  when .  .  2849  65 

Bond  of  owner,  conditions  and 

execution 2850  66 

When  bridge  unites  two  coun- 
ties. .  2851  66 


xxxii  INDEX. 

Section.       Page. 
Toll  bridges — Continued. 

Supervisors  shall  not  act  if  in- 
terested    2852  66 

Procedure    when    majority    of 

supervisors  are  interested ....  4323  93 

When  may  be  installed  within 

one  mile  of  one  another 2853          67 

Preferred   owner  of  land   may 

build 2854  67 

How  lands  are  acquired  for  use 

of 2855  67 

Must  post  rates  of  toll 2856  67 

Revenue  derived  from  license, 

how  disposed  of 2857  68 

Owner  must  keep  banks  in  repair          2858  68 

Fine  for  crossing  without  pay- 
ing toll 389         140 

When  franchise  expires 2619  7 

Application   for   leave   to   con- 
struct   2870          68 

Hearing  of 2871          69 

What  Supervisors  may  require. 2872-2873  69 

Bridge  owner  may  use  public 

highway 2874  70 

How  constructed  over  navigable 

waters 2875  70 

Riding  or  driving  faster  than  a 

walk  over 388  140 

Driving  animals  over,  how  reg- 
ulated   2876  70 

Must  keep  channel  clear 2877  70 

Railings  to  and  license  tax 2878  70 

Persons  exempt  from  payment 

of  tolls 2879  71 

Persons  passing  forcibly  without 

paying 2880  71 

County  may  purchase  toll-bridge  2881  71 

Toll-house,  malicious  injury  to 589  143 

When  may  be  erected 2798  57 


INDEX. 


Section. 


xxxni 
Page. 


Toll  ferries,  application  for  leave  to 

construct .2892-2893     71-72 

Powers  of  board  of  supervisors 

with  regard  to 2894 

Penalties,  how  disposed  by ....  2895          73 

License  to  take  tolls  on,   how 

fixed 3378  81 

Maintaining  without  authority..     386-387         139 
Wagon  road  corporations  may 

keep  and  take  tolls 514         101 

Municipal  ferries  excepted 2896          73 

(See  also  "Ferries") 
Toll  gates— 

(See  "Gates") 
Toll  roads,  notice  of  application  to 

construct 2779  52 

Special  meeting  of  supervisors. .  2780  52 

Hearing  of  application 2781  53 

Action  of  supervisors 2782  53 

Procedure    when    majority    of 

supervisors       interested       in 

application 4323  93 

Commissioners     for,     how     ap- 
pointed    2783  53 

Laying  out  the  road 2784  53 

Compensation  of  commissioners 

and  report  of 2785          54 

Branches  and  extensions 2786  54 

Acquisition   of   lands    for   toll- 
roads  2787  54 

Appropriation  of  damages   for 

highways  taken 2788  54 

Plat  must  be  made  before  tolls 

are  fixed 2789  55 

Orchards  and  gardens 2790  55 

Bridging  streams 2791  55 

One    road     corporation    using 

road-bed  of  another 2792  55 

How  to  be  constructed 2793  56 

May  relay,  with  what 2794  56 

Milestones  and  posts 2795  56 

Guide  posts 2796          56 


xxxiv  INDEX. 

Toll  roads— ^Continued.                         Section.  Page. 

Inspection,  certificate  and  com- 
pletion  2797-2798  57 

Abandonment  of  road  and  what 

becomes  of  it 2799  57 

County  may  purchase  road,  how  2800  57 

Appraisement  and  award,   how 

made 2801  58 

Provisions    apply    to    all    toll- 
roads  2802  58 

Persons  exempt  from  paying  toll  2814  59 

Encroachments     on,     how     re- 
moved    2815  60 

Neglect  to  remove 2816  60 

Action  for  trespass 2817  60 

Inspection  of  roads  and  repairs .  2827  60 

Closing    gates    ordered    thrown 

open,  penalty 2828  61 

Defects  to  be  reported,  to  whom.  2829  6 1 

Enforcing  obedience  to   notice 

and  requirements 2830  61 

Fees  of  commissioner  or  overseer  2831  62 

Pack  trails  in  mountain  districts  2832  62 

Tolls— On  pack  trails 2832  62 

Rate  of  on  bridge  or  ferry 2848-9  65 

Rate  must  be  printed  and  posted  2856  67 

Trees,  cutting  or  carrying  off  of 733  111 

Damages    for   timber   used    on 

Eublic  highway 734  111 

o  may  plant 2633  9 

How  may  be  planted 2633  9 

Injury  to 2633  9 

Removal  of  fallen 2739  38 

Unauthorized  felling  of 2740  38 

Destroying  shade  or  ornamental  2742 

Fallen  must  be  removed 7-8  167 

Shade  not  to  be  destroyed 9  167 

Act  relating  to  shade  and  or- 
namental   246-249 

County  board  of  forestry 1  247 

Appointment 2  247 

Term  of  office 3  247 

Organization 4  247 

Appointment  of  forester 5  247 


INDEX.  xxxv 

Section.  Page. 
Trees — Continued . 

Power  and  duty  of 6  247 

Power  of  board 7  247 

Control  of  trees 8  247 

Violation 9  248 

Moneys  received  as  penalties. . .  10  248 

Expenses 11  248 

Vacation  of  highways /        |621  8 

Viewers  of  roads,  appointment  of ...  2684  25 

Duties  of 2685  25 

Report  of 2686  25 

How  paid 2687  26 

Proceedings  of  board  on  hearing 

report  of 2688  26 

Approval  of  report  of 2689  27 

Wagon  road  corporations 512-524  100-104 

Penalty  for  injury  to  property  of  520  102 

Revenue  from  roads,  how  appro- 
priated   521  103 

May  mortgage  property  when .  .  522  103 

Law  applies  to  natural  persons .  523  104 
Wagon  roads — 

How  laid  out 512  100 

Survey  and  map  to  be  filed 513  101 

Tolls  to  be  collected  on  roads, 

bridges,  etc 514  101 

No  tolls  to  be  charges  on  public 

highway 515  102 

Rates  of  toll  must  be  posted  on 

gate 516  102 

May  detain  persons  till  they  pay 

toll 517  102 

Must  not  delay  unnecessarily .  518  102 

Persons    avoiding    toll    forfeits 

five  dollars 519  103 

Penalty  for  injury  to  property 

of  corporation 520  103 

Revenue   from,    how   appropri- 
ated   521  103 

Legislature    may    grant    fran- 
chises for  paths  and  roads  for 

horseless    vehicles 524  104 


xxxvi  INDEX. 

Section.       Page. 

Water  and  canal  corporations 551         107 

Water,  injury  to  road  from 2737  37 

Wharf  corporations 528-531  105-107 

Annual   report  of,    what   must 

contain 530         106 

Penalty  for  failure  to  make . .  530         106 
Law  applicable  to  natural  per- 
sons   531         107 

Must    obtain    authority    from 

supervisors 528         105 

When  corporate  existence  ceases  529         105 

Wharves 2906-2921     73-79 

Supervisors  to  authorize  con- 
struction of 2906  74 

Procedure  when  majority  of 
supervisors  interested  in  ap- 
plication    4323  93 

Application  for,  how  made. . . .  2907  74 

Petition  for,  when  lands  not 
owned  by  applicant,  notice  of 

and  hearing 2908-2910       74-5 

Overflowed  or  tide  lands  granted          2911  75 

Grant  carries  150  feet  on  each 

side  of 2912          75 

How    to    procure    from    owner 

right  of  way 2913  76 

Dimensions  of  prescribed 2914          76 

Franchise,  what  constitutes 2715  76 

Rate  of  toll,  etc 2916          77 

License    to    take    tolls,    when 

granted 2917  77 

Penalty  for  taking  tolls  when  not 

in    good    repair 2918          77 

Restrictions  on  granting  au- 
thority   2919 

Municipal  authorities  may  grant          2920          78 
What  authority  may  be  granted 

to  railroad's  right  to  construct          2921  78 

License  to  take  tolls  on,  how 

fixed 3378          81 

Width  of  highway 2620  8 

Work  and  manner  of  performing 2767-2773    49-51 


CONSTITUTION 

OF 

CALIFORNIA. 


AETICLE  IV. 

§  25.  The  legislature  shall  not  pass  local  or 
special  laws  in  any  of  the  following  enumerated 
cases;  that  is  to  say, — 

******* 

Seventh — Authorizing    the    laying    out,    opening, 
altering,  maintaining  or  vacating  roads,  highways, 
streets,  alleys,  town  plats,  parks,  cemeteries,  grave 
yards,  or  public  grounds  not  owned  by  the  state. 
******* 

Twenty-fifth — Chartering  or  licensing  ferries, 
bridges  or  roads. 

******* 

§  36.  The  legislature  shall  have  power  to  establish 
a  system  of  State  highways  or  to  declare  any  road 
a  State  highway,  and  to  pass  all  laws  necessary  or 
proper  to  construct  and  maintain  the  same,  and  to 
extend  aid  for  the  construction  and  maintenance, 
in  whole  or  in  part,  of  any  county  highway.  [New 
section  adopted  November  4,  1902.] 


PROVISIONS 

OF    THE 

POLITICAL    CODE. 


ROAD  LAWS. 


HIGHWAT  S. 

[Beconstructed  by  act  approved  February  28, 
1883,  in  accordance  with  article  IV,  section  25,  sub- 
division 7,  of  the  Constitution:  See  note  following 
section  2744.] 

Enumeration  of  Highways,  pp.  7-9. 

Rules  and  Restrictions  respecting  the  use  of  High- 
ways, pp.  9-10. 

Powers  and  Duties  of  Highway  officers,   pp.   11-19. 

Highway  Taxes,  pp.   19-23. 

Performance  of  Highway  Labor  and  Commutation,  p 
23. 

Laying  Out,  Altering,  and  Discontinuing  Roads,  pp. 
24-31. 

Erection   and  Maintenance  of  Bridges,   pp.   32-35. 

Obstructions  and  Injuries  to  Highways,   pp.   35-41. 

Permanent  Road  Divisions,  pp.  31-51. 

ENUMERATION   OP   HIGHWAYS. 

§  2618.  What  are  highways. 

§  2619.  Origin  of  highways. 

§  2620.  Width  of  highways. 

§  2621.  Vacation  of  highways. 

§  2622.  Record   of   proceedings    relating   to    roads   and 

highways. 

§  2623.  Title  to  roads. 

§  2618.  In  all  counties  of  this  State  public 
highways  are  roads,  streets,  alleys,  lanes,  courts, 
places,  trails,  and  bridges,  laid  out  or  erected  as 
such  by  the  public,  or  if  laid  out  or  erected  by 
others,  dedicated  or  abandoned  to  the  public,  or 
made  such  in  actions  for  the  partition  of  real 
property. 

70  Cal.  455;  71  Cal.  402;  84  Cal.  5;  91  Cal.  435; 
93  Cal.  131;  94  Cal.  539;  95  Cal.  469;  102  Cal.  29; 
103  Cal.  230;  125  Cal.  576;  132  Cal.  169;  137  Cal. 
518;  141  Cal.  347;  144  Cal.  354;  -149  Cal.  746. 

Abandonment  of  toll  road:     Sec.  2799,  post. 

§  2619,  Whenever  the  franchise  for  any  toll- 
bridge,  trail,  turnpike,  plank  or  common  wagon 
road  has  expired  by  limitation  or  non-user,  such 


8  ROAD  LAWS. 

bridge,  trail,  turnpike,  plank  or  common  wagon  road 
becomes  a  free  public  highway;  and  no  claim  shall 
be  valid  against  the  public  for  right  of  way,  or  for 
the  land  or  material  comprising  such  bridge,  trail, 
turnpike,  plank,  or  common  wagon  road.  All  public 
highways,  once  established,  shall  continue  to  be 
public  highways  until  abandoned  by  order  of  the 
Board  of  Supervisors  of  the  county  in  which  they 
are  situated,  or  by  operation  of  law,  or  judgment 
of  a  court  of  competent  jurisdiction. 

65  Cal.  251;  71  Cal.  402;  78  Cal.  14,  408,  409; 
79  Cal.  170;  80  Cal.  342;  81  Cal.  124;  82  Cal.  157; 
83  Cal.  267;  89  Cal.  13,  14;  94  Cal.  539;  95  Cal. 
83,  469;  99  Cal.  213,  293;  102  Cal.  29,  30,  31,  32, 
37;  103  Cal.  230;  104  Cal.  439;  108  Cal.  594,  596; 
122  Cal.  338;  132  Cal.  170,  171,  172;  144  Cal.  354; 
7  Cal.  App.  492. 

§  2620.  The  width  of  all  public  highways,  ex- 
cept bridges,  alleys,  and  lanes,  and  trails,  shall  be 
at  least  forty  feet.  The  width  of  all  private  high- 
ways and  by-roads,  except  bridges,  shall  be  at 
least  twenty  feet;  provided,  however,  that  nothing 
in  this  act  shall  be  so  construed  as  to  increase  or 
diminish  the  width  of  either  kind  of  highways 
already  established  or  used  as  such. 

84  Cal.  6;  89  Cal.  18;  126  Cal.  581;  158  Cal.  432. 

§  2621.  A  road  laid  out  and  worked,  and  used 
as  provided  in  this  chapter,  shall  not  be  vacated 
or  cease  to  be  a  highway  until  so  ordered  by  the 
Board  of  Supervisors  of  the  county  in  which  said 
road  may  be  located;  and  no  route  of  travel  used 
by  one  or  more  persons  over  another's  land  shall 
hereafter  become  a  public  road  or  byway  by  use, 
or  until  so  declared  by  the  Board  of  Supervisors  or 
by  dedication  by  the  owner  of  the  land  affected. 

71  Cal.  402;  81  Cal.  124;  89  Cal.  14;  93  Cal.  131; 
94  Cal.  539;  103  Cal.  232;  155  Cal.  401. 

§  2622.  The  Clerk  of  the  Board  of  Supervisors 
shall  include  in  the  minutes  of  the  Board  of  Super- 


EOAD  LAWS.  9 

visors  all  proceedings  of  the  Board  relative  to  each 
road  or  road  district,  including  orders  for  laying 
out,  altering,  and  opening  roads;  he  must  also 
keep  a  Eoad  Eegister,  in  which  must  be  entered 
the  number  and  name  of  each  public  highway 
in  the  county,  a  general  reference  to  its  terminal 
points  and  course,  also  the  date  of  the  filing  of 
the  petition  or  other  papers,  a  memorandum  of 
every  subsequent  proceeding  in  reference  to  it, 
with  the  date  thereof,  and  the  folio,  and  the  volume 
of  the  minute  book  where  it  is  recorded. 

§  2623.  Any  road  laid  out  by  the  Board  of  Super- 
visors as  provided  in  this  chapter,  or  used  and 
worked  as  therein  provided,  shall  not  be  vacated 
or  cease  to  be  a  highway  until  so  ordered  by  said 
board;  and  each  county  shall  be  deemed  to  have 
acquired  title  to  any  road  opened  over  any  land  in 
conformity  to  any  order  made  by  its  board  of  super- 
visors pursuant  to  this  chapter  after  one  year 
shall  have  elapsed  from  the  time  of  making  the 
order  opening  the  road.  [New  section  added  April 
6,  1891;  Stats.  1891,  p.  508.] 


RULES    AND    RESTRICTIONS    RESPECTING    THE 

USE  OP  HIGHWAYS. 
§  2631.     The  public  easement. 

§  2632.     Adjoining  owner  may  construct  sidewalk. 
§  2633.     May  plant  trees. 
§  2636.     Highways  and  avenues,  how  named. 

§  2631.  By  taking  or  accepting  land  for  a  high- 
way, the  public  acquire  only  the  right  of  way,  and 
the  incidents  necessary  to  enjoying  and  maintain- 
ing the  same,  subject  to  the  regulations  in  this 
and  the  Civil  Code  provided. 

71  Cal.  401;  81  Cal.  125,  126;  108  Cal.  596;  143 
Cal.  238,  242;  7  Cal.  App.  538. 

§  2632.  Any  owner  or  occupant  of  land  may 
construct  a  sidewalk  on  the  highway  along  the 
line  of  his  land,  subject,  however,  to  the  authority 


10  ROAD  LAWS. 

conferred  by  law  on  the  Board  of  Supervisors  and 
the  Commissioners  of  Highways;  and  any  person 
using  such  sidewalk  with  mule,  horse,  or  team, 
without  permission  of  the  owner,  is  liable  to  such 
owner  or  occupant  in  the  sum  of  five  dollars  for 
each  trespass,  and  for  all  damages  suffered  thereby. 

§  2633.  Any  owner  or  occupant  of  land  adjoin- 
ing a  highway  not  less  than  three  rods  wide,  may 
plant  trees  in  and  along  said  highway  on  the  side 
contiguous  to  his  land.  They  must  be  set  in  regular 
rows,  at  a  distance  of  at  least  twenty  feet  from 
each  other,  and  not  more  than  six  feet  from  the 
boundary  of  the  highway.  If  the  highway  is  more 
than  eighty  feet  wide,  the  road  must  not  be  less 
than  six  nor  more  than  twelve  feet  from  the  boun- 
dary of  the  highway.  Whoever  willfully  injures 
any  of  them  is  liable  to  the  owner  or  to  the  occu- 
pant for  the  damage  which  is  thereby  sustained; 
provided,  if,  in  the  judgment  of  the  Board  of  Super- 
visors, the  whole  width  of  such  road  is  needed  for 
use  for  highway  purposes,  the  whole  thereof  may 
be  so  used.  [Amendment  approved  March  9,  1893; 
Stats.  1893,  p.  113.  In  effect  immediately.] 

§  2636.  The  owners  of  land  along  any  road,  high- 
way, avenue,  or  other  public  way  may  petition  the 
board  of  supervisors  of  the  county  in  which  said 
road,  highway,  avenue,  or  other  public  way  is 
located,  to  have  a  name  adopted  and  applied  to 
the  same.  The  name  and  a  description  of  the 
road,  highway,  or  avenue  to  be  named  shall  be 
set  forth  in  the  petition,  which  petition  shall  be 
signed  by  three-fourths  of  the  owners  of  land  on 
said  road,  highway  or  avenue.  The  supervisors  to 
whom  such  petition  is  presented  shall  examine  the 
same,  and  if  it  conforms  to  the  provisions  of  this 
act  shall  make  an  order  in  the  minutes  of  the 
board  granting  the  petition,  and  thereafter  the  said 
described  road,  highway  or  avenue,  shall  be  known 
by  said  name.  [New  section  added  April  27,  1911.] 


EOAD  LAWS.  11 

JRS  AND   DUTIES   OF  HIGHWAY   OFFICERS. 

Road  Districts. 
.     Road  Overseers. 

Duties  of  Supervisors  respecting  roads. 
u  Roads  in  danger  of  storm  waters  or  floods. 
„  »<*-*».     Overseers  to  give  bond  and  take  oath. 
§  2645.     Duties  of  Road  Overseer. 
§  2646.     Maintenance  and  repair  of  highways. 
§  2647.     Road  fences  along  right  of  way. 

§  2641.  The  Board  of  Supervisors  of  the  several 
counties  shall  divide  their  respective  counties  into 
suitable  road  districts,  and  may  change  the  boun- 
daries thereof,  and  each  Supervisor  shall  be  ex- 
officio  road  commissioner  in  his  supervisor  district, 
and  shall  see  that  all  orders  of  the  board  of  super- 
visors pertaining  to  the  roads  in  his  district  are 
properly  executed;  provided,  when  in  any  county 
the  members  of  the  Board  of  Supervisors  thereof 
are  not  elected  by  districts,  it  shall  be  the  duty 
of  such  board,  by  proper  order,  to  be  entered 
in  its  records,  to  divide  such  county  into  supervisor 
districts  to  correspond  with  the  number  of  mem- 
bers of  such  board,  and  to  assign  to  each  member 
thereof  one  of  such  districts,  of  which  he  shall 
be  such  road  commissioner;  when  not  otherwise 
provided  by  law,  he  shall  receive  for  his  services 
as  such  road  commissioner  twenty  cents  per  mile, 
one  way,  for  all  distances  actually  traveled  by 
him  in  the  performance  of  his  duties;  provided, 
that  he  shall  not,  in  any  one  year,  receive  more 
than  three  hundred  dollars.  [Amendment  approved 
March  9,  1893;  Stats.  1893,  p.  113.  In  effect 
immediately.] 

68  Cal.  67;  79  Cal.  474;  102  Cal.  404;  125  Cal. 
211,  212;  126  Cal.  623;  137  Cal.  518;  149  Cal.  740. 

§  2642.  From  and  after  the  Monday  following 
the  first  day  of  January,  A.  D.  eighteen  hundred 
and  ninety-three,  the  office  of  road  overseer  shall 
be  abolished;  provided,  that  whenever  in  this  code 
the  words  "road-overseer"  occur,  they  shall  be 


12  BOAD  LAWS. 

taken  and  construed   so   as   to   read   road   commis- 
sioner.     [Amendment    approved    March    31,    1891; 
Stats.    1891,   p.   474.     In   effect   after   the   Monday 
following  the  first  day  of  January,   1893.] 
70   Cal.   612;    126   Cal.   624. 

§  2643.  The  Boards  of  Supervisors  of  the  several 
counties  of  the  State  shall  have  general  supervision 
over  the  roads  within  their  respective  counties. 
They  must,  by  proper  order: 

1.  Cause    to    be    surveyed,    viewed,    laid   out,    re- 
corded, opened,  and  worked,  such  highways  as  are 
necessary  to  public  convenience,  as  in  this  chapter 
provided; 

2.  Cause   to    be    recorded    as   highways    all    high- 
ways  which   have   become    such   by  usage,    dedica- 
tion,   or    abandonment    to    the    public,    or    by    any 
other  means  provided  by  law,  and  to  prepare  and 
record  proper  deeds  and  titles  thereto; 

3.  Abolish  or  abandon  such  as  are  not  necessary; 

4.  Acquire  the  right  of  way  over  private  property 
for    the    use    of    public    highways,    and    for    that 
purpose   require   the   District   Attorney  to   institute 
proceedings   under   title   seven,   part   three,    of   the 
Code  of  Civil  Procedure,  and  to  pay  therefor  from 
the  general  road  fund,  or  the  district  road  fund  of 
the  county; 

5.  Levy  a  property  tax  for  road  purposes; 

6.  Cause   to   be    erected   and   maintained,    at   the 
intersections    and    crossings    of    highways,    guide- 
posts,  properly  inscribed; 

7.  Cause  the  road  tax  collected  each  year  to  be 
apportioned   to   the   several   road   districts    entitled 
thereto,  and  kept  by  the  County  Treasurer  in  sep- 
arate funds; 

8.  Audit  all   claims   on   the  funds   set   apart   for 
highway  purposes   and  specify  the   fund   or  funds 
from  which   the   whole   or   any  part   of   any   claim 
or  claims  must  be  paid; 


EOAD  LAWS.  13 

9.  In  their  discretion,  they  may  provide  for  the 
establishment  of  gates  on  the  public  highways  in 
certain  cases,  to  avoid  the  necessity  of  building  road 
fences,    and    prescribe    rules    and    regulations    for 
closing  the  same,  and  penalties  for  violating  said 
rules;   provided,  that  the  expense  for  the  erection 
and  maintenance  of  such  gates  shall  in  all  cases  be 
borne  by  the  party  or  parties  for  whose  immediate 
benefit   the    same    shall   be    ordered; 

10.  For  the  purpose  of  sprinkling  the  roads  in  any 
part  of  the  county  with  oil  or  water,  the  Board  of 
Supervisors  may  erect  and  maintain  waterworks  and 
oil  tanks  and  reservoirs,  and  for  such  purposes  may 
purchase  or  lease  real   or  personal  property.     The 
costs  of  such  waterworks,  oil  tanks  and  reservoirs 
and  the  sprinkling  of  said  roads  with  oil  or  water 
may  be   charged  to    the   general   county  fund,  the 
general  road  fund,  or  the  district  fund  of  the  district 
or  districts  benefited; 

Whenever  it  is  determined  by  a  four-fifths  vote 
of  the  board  of  supervisors  of  any  county  that 
the  public  convenience  and  necessity  demands  the 
acquisition  or  construction  of  a  road  in  excess  ol 
three  miles  in  length,  the  cost  of  which  will  be 
too  great  to  pay  out  of  any  of  the  road  funds  of 
the  county,  the  board  of  supervisors  may  by  reso- 
lution passed  by  a  four-fifths  vote  of  said  board, 
determine  to  acquire  or  construct  such  road,  and 
may,  therefore,  proceed  to  acquire  or  construct  such 
road  and  if  the  cost  of  such  road,  when  constructed, 
shall  exceed  five  thousand  dollars,  such  cost  may 
be  charged  to  the  general  county  fund,  the  gen- 
eral road  fund  or  the  district  fund  of  the  district 
or  districts  benefited; 

And  provided,  however,  that  whenever  it  is  de- 
termined by  a  four-fifths  vote  of  the  board  of 
supervisors  of  any  county  that  it  will  cost  less 
to  repair,  reconstruct  or  rebuild  any  existing  main 
line  road  in  said  county,  which  is  in  excess  of 
three  miles  in  length  and  the  cost  of  the  repair- 
ing, reconstruction  or  rebuilding  of  which  will  ex- 


14  BOAD  LAWS. 

ceed  five  thousand  dollars,  than  it  will,  to  acquire 
or  construct  a  new  road  between  the  same  points, 
the  said  board  of  supervisors  may,  by  resolution 
passed  by  a  four-fifths  vote  of  said  board,  deter- 
mine to  repair,  reconstruct  or  rebuild  such  road 
and  the  cost  thereof  may  be  charged  to  the  gen- 
eral county  fund,  the  general  road  fund  or  the 
district  fund  of  the  district  or  districts  benefited; 

11.  Whenever  it  shall  be  determined  that  any 
grading,  graveling,  macadamizing,  ditching,  sprink- 
ling, or  other  work  upon  highways  is  necessary, 
and  is  to  be  done,  and  where  the  estimated  cost  of 
such  work  amounts  to  three  hundred  dollars,  the 
Board  of  Supervisors  must,  by  proper  order,  direct 
the  County  Surveyor  to  make  definite  surveys  of 
the  proposed  work,  and  to  prepare  profiles  and 
cross-sections  thereof,  and  to  submit  the  same  with 
the  estimate  of  the  amount  or  amounts  of  work  to 
be  done,  and  cost  thereof,  and  with  specifications 
thereof.  Said  report  shall  be  prepared  in  duplicate, 
one  copy  to  be  filed  in  the  surveyor's  office,  and 
the  other  to  be  filed  with  the  clerk  of  the  Board  of 
Supervisors.  The  Board,  upon  receipt  of  such 
report,  must  advertise  for  bids  for  the  performance 
of  the  work  specified.  Such  advertisement  for  bids 
must  be  published  for  two  weeks  in  two  news- 
papers, one  published  at  the  county  seat  and  the 
other  at  a  point  nearest  the  proposed  work.  Such 
advertisement  must  be  in  the  following  form: 

"Office  of  the  Clerk  of  the  Board  of  Supervisors, 

Sealed  bids  will  be  received  by  the  clerk  of  the 

Board  of  Supervisors  of County,  at  his  office, 

until  -         -  o'clock,  --  M.,  -  — ,   191—, 

County. 

Specifications    for   this   work    are    on   file    in   the 


EOAD  LAWS.  15 

office  of  the  said  board,  to  which  bidders  are  here- 
by referred. 


Clerk   of  the  Board  of  Supervisors   of  the   County 
of  ." 

And  such  advertisement  must  also  be  posted,  for 
at  least  two  weeks  prior  to  the  opening  of  the  bids 
for  the  proposed  work,  in  three  conspicuous  places 
in  the  district  or  districts  in  which  the  proposed 
work  lies,  and  one  at  the  site  of  the  proposed 
work.  Bids  must  be  inclosed  in  sealed  envelope, 
addressed  to  the  clerk  of  the  Board  of  Supervisors, 

and  must  be  indorsed,  "Bids  for ,"  and  must 

be  delivered  to  said  clerk  prior  to  the  hour  speci- 
fied in  the  advertisement.  The  board  shall  pub- 
licly open  and  read  such  bids  as  may  be  submitted, 
and  must  award  the  contract  for  the  work  to  the 
lowest  bidder;  unless  it  shall  appear  to  the  board 
that  the  bids  are  too  high,  and  the  work  can  be 
done  more  cheaply  by  day  labor,  in  which  case  the 
bids  must  be  rejected,  and  the  work  ordered  done 
by  the  road  commissioner  or  commissioners  in 
whose  district  or  districts  the  work  may  be  situated. 
In  case  the  work  shall  be  let  by  contract,  monthly 
or  quarterly  payments  may  be  made  thereon,  upon 
the  receipt  of  a  certified  estimate  by  the  County 
Surveyor  of  the  amount  of  work  done  during  the 
preceding  month  or  quarter,  to  the  extent  of 
seventy-five  per  cent  of  the  value  of  said  work, 
the  remaining  twenty-five  per  cent  being  due  on 
the  completion  of  the  work.  The  services  of  the 
surveyor  in  making  such  partial  estimates  must 
be  paid  for  by  the  contractor.  Upon  the  com- 
pletion of  the  work  the  County  Surveyor  must 
examine  the  same,  and  if  completed  in  accordance 
with  the  specifications  thereof,  he  must  submit  to 
the  Board  of  Supervisors  a  certificate,  over  his 
signature  and  official  seal,  to  the  effect  that  such 
work  by  the  contractor  therefor  has  been  com- 


16  ROAD  LAWS. 

pleted  in  accordance  with  the  specifications  there- 
for, and  recommending  its  acceptance.  The  board 
shall  thereupon  audit  the  same  and  direct  its  pay- 
ment out  of  the  proper  fund  or  funds. 

12.  In  their  discretion,  they  may  set  apart  on 
any  public  road  or  highway  a  strip  of  land  (for 
a  side  path),  and  make  an  order  designating  the 
width  of  such  path  and  cause  the  lines  separating 
the  path  from  the  road  to  be  located  and  marked 
by  stakes  or  posts,  placed  at  such  distances  apart 
as  they  shall  deem  proper.  After  said  paths  havo 
been  set  apart,  and  the  lines  separating  the  same 
from  the  road  have  been  located  and  marked,  as 
aforesaid,  the  use  of  the  same  is  hereby  restricted 
to  pedestrians  and  riders  of  bicycles,  and  other 
vehicles  propelled  solely  by  the  power  of  the  rider. 

Expense  of  erecting  and  maintaining  such  path 
may  be  charged  to  the  general  county  fund,  the 
general  road  fund,  and  the  district  fund  of  the 
district  or  districts  benefited.  [Amendment  ap- 
proved April  27,  1911.] 

71  Cal.  403;  80  Cal.  342;  89  Cal.  14;  90  Cal.  385; 
126  Cal.  626;  12  Cal.  App.  430;  (sub.  2)  99  Cal. 
446;  (sub.  3)  89  Cal.  13;  (sub.  4)  80  Cal.  341;  (sub 
8)  150  Cal.  457;  (sub.  10)  143  Cal.  241;  150  Cal. 
457;  153  Cal.  371;  12  Cal.  App.  431,  432,  433;  (sub. 
11)  102  Cal.  404. 

§  2643a.  Whenever  any  public  road  or  highway  is 
in  danger  of  being  damaged  by  storm-waters  or 
floods  on  the  same,  the  board  of  supervisors  shall 
adopt  such  measures  as  may  be  necessary  to  prevent 
such  damage,  and  may,  by  ordinance,  establish  a 
district,  adopt  a  general  plan  of  protection  from 
storm-waters  and  floods  therein,  and  may  cause  a 
part  or  all  of  the  road  taxes  collected  in  such 
district  to  be  apportioned  to  a  fund  and  expended 
for  such  purpose,  and  they  may  also  apportion  to 
such  fund  and  expend  for  such  purpose  an  amount 
not  exceeding  ten  per  centum  of  the  general  road 
fund  of  the  county,  or  they  may  at  the  time  of 


ROAD  LAWS.  17 

levying  taxes  for  general  county  purposes  levy  a 
special  tax  for  such  purpose,  not  exceeding  fifty 
cents  on  each  one  hundred  dollars  of  the  taxable 
property  in  the  district  as  shown  by  the  last  as- 
sessment roll,  but  no  such  special  tax  shall  be  levied 
upon  any  district  until  the  proposition  to  levy  the 
same  has  been  submitted  to  the  qualified  electors 
of  the  district  and  received  a  majority  of  all  the 
legal  votes  cast  on  said  proposition.  [New  section, 
approved  March  3,  1903.  In  effect  in  sixty  days.] 

§  2644.  No  claim  for  labor  performed  in  any 
road  district  shall  be  allowed  by  the  Board  of 
Supervisors  unless  the  same  be  accompanied  by  a 
report  showing  where  the  labor  was  performed,  the 
nature  of  the  same,  and  the  number  of  animals, 
and  the  kind  of  implements  used.  But  if  said 
labor  shall  be  performed  under  the  direction  of  a 
foreman  or  timekeeper,  said  foreman's  or  time- 
keeper's report  shall  cover  all  work  performed 
under  his  direction,  and  shall  be  sufficient  to  war- 
rant the  payment  of  all  claims  for  labor  so  per- 
formed. The  Board  of  Supervisors  shall  have  power, 
and  it  is  hereby  made  its  duty,  to  prescribe  rules 
.and  blank  forms,  not  inconsistent  with  the  laws 
of  this  State,  for  the  making  of  the  reports  herein 
required.  [New  section,  approved  March  31,  1897; 
Amendments  1897,  chap,  clxxvii.  In  effect  July  1, 
1897.] 

§  2645.  Eoad  commissioners,  under  the  direction 
and  supervision  and  pursuant  to  orders  of  the 
Board  of  Supervisors,  must — 

1.  Take  charge  of  the  highways  within  their 
respective  districts,  and  shall  employ  all  men, 
teams,  watering  carts,  and  all  help  necessary  to 
do  the  work  in  their  respective  districts  when  the 
same  is  not  let  by  contract;  provided,  that  no  road 
commissioners  shall  be  interested,  directly  or  in- 
directly, in  any  contract  or  work  to  be  done  in  the 
road  district  under  his  charge  and  control. 


18  ROAD  LAWS. 

2.  Keep    them    clear    from    obstructions,    and    in 
good  repair,  and  destroy,  or  cause  to  be  destroyed, 
at  least  once   a  year,  all  thistles,  Mexican  cockle- 
burs,  of  any  kind,  and  all  noxious  weeds,  growing 
or  being  on  any  portion  of  the  public  highways  or 
public  roads  in  their  respective  districts. 

3.  Cause  banks  to  be  graded,  bridges  and  cause- 
ways to  be  made  when  necessary,  keep  the  same  in 
good    repair,    and    renew     them     when     destroyed. 
[Amendment  approved  March  9,  1893;   Stats.  1893, 
p.    115.     In   effect   immediately.] 

78  Cal.  495;  90  Cat.  385;  102  Cal.  38,  404;  126 
Cal.  624,  626. 

§  2646.  Whenever  any  of  the  highways  of  a 
county  have  been  constructed  or  improved  under 
the  provisions  of  an  act  entitled:  "An  act  pro- 
viding for  the  laying  out,  constructing,  straighten- 
ing, improvement  and  repair  of  main  public  high- 
ways in  any  county,  providing  for  the  voting,  issu- 
ing and  selling  of  county  bonds  and  the  accept- 
ance of  donations  to  pay  for  such  work  and  im- 
provements, providing  for  a  highway  commission 
to  have  charge  of  such  work  and  improvements, 
and  authorizing  cities  and  towns  to  improve  the 
portions  of  such  highways  within  their  corporate 
limits  and  to  issue  and  sell  bonds  therefor,"  ap- 
proved March  19,  1907,  and  all  acts  amendatory 
thereof  or  supplementary  thereto,  the  board  of 
supervisors  of  said  county  shall  have  the  charge 
of  the  maintenance  and  repair  of  said  highways 
and  may  employ  a  superintendent  or  inspector  to 
have  charge  of  the  repairing  and  maintenance  of 
all  of  said  roads  under  the  orders  and  direction 
of  said  board,  and  may  employ  such  workmen  and 
purchase  such  materials,  equipment,  tools  and  ap- 
pliances as  may  be  necessary  to  maintain  said  roads 
and  keep  them  in  repair,  the  cost  of  such  main- 
tenance and  repair  to  be  paid  out  of  the  general 
fund  of  the  county.  Nothing  herein  contained  shall 
prevent  the  board  from  having  any  such  work  of 


EOAD  LAWS.  19 

repair  of  maintenance  done  by  contract  under  the 
provisions  of  section  2643,  if  they  deem  it  advis- 
able. [New  section  approved  March  9,  1911;  in 
effect  immediately.] 

§  2647.  Whenever  any  right  of  way  for  a  public 
highway  has  been  or  may  hereafter  be  conveyed  to  a 
county  without  consideration,  other  than  that  the 
said  county  shall  construct  and  maintain  a  high- 
way thereon  and  shall  construct  road  fences  along 
the  lines  thereof;  and  said  right  of  way  shall  have 
been  or  shall  hereafter  be  accepted  and  declared 
by  the  Board  of  Supervisors  of  the  county  a  public 
highway,  the  said  Board  may,  in  its  discretion,  pro- 
vide for  the  building  of  road  fences  along  the  said 
right  of  way,  at  any  time  within  five  years  from 
the  date  of  such  conveyance  to  the  county.  The  cost 
of  such  fences  may  be  charged  to  and  paid  from 
the  general  county  fund,  the  general  road  fund  or 
the  district  fund  of  the  district  or  districts  bene- 
fited; provided,  that  not  to  exceed  one  half  of  the 
cost  of  any  fences  so  constructed  shall  be  paid 
from  the  general  county  fund.  [New  section  ap- 
proved March  23,  1901.  In  effect  immediately.] 

150  Cal.  457;  153  Cal.  372;  12  Cal.  App.  433. 


HIGHWAY    TAXES. 
§  2651.     General  road  fund. 
§  2652.     Road  poll  tax. 
§  2653.     Property  highway  tax. 
§  2654.     Assessment  and  collection  of  property  highway 

tax. 

§  2655.     Taxes,  to  be  expended  in  districts. 
§  2656.     Division  of  road  funds. 

§  2651.  The  Board  of  Supervisors  may,  at  the 
meeting  at  which  they  are  required  to  levy  the  pro- 
perty tax  for  road  purposes,  establish  a  general  road 
fund  and  order  to  be  apportioned  thereto  an  amount 
not  exceeding  thirty-five  per  centum  of  the  aggre- 
gate road  tax  collected  from  all  sources.  The 
moneys  in  such  general  road  fund  shall  be  applied  to 


20  BOAT)  LAWS. 

the  following  purposes  only:  First,  the  payment  of 
the  expense  of  general  county  road  improvements  in 
which  the  inhabitants  of  all  of  the  districts  within 
the  county  are  interested;  second,  the  assistance  of 
weak  and  impoverished  districts  in  keeping  roads  in 
repair;  third,  the  payment  of  such  demands  as  are 
payable  bylaw  out  of  the  general  road  fund;  provided, 
that  no  greater  proportion  of  such  general  road  fund 
shall  be  used  or  expended  in  any  road  district  than 
the  amount  collected  in  such  road  district,  unless  the 
Board  of  Supervisors  shall  by  a  two-thirds  vote  of 
all  its  members  authorize  the  expenditure  therein  of 
such  greater  proportion,  and  the  said  Board  shall 
have  no  power  to  create  a  debt  on  any  road  district 
in  excess  of  the  estimated  amount  of  receipts  from 
said  district  for  the  current  year.  The  moneys  in 
such  general  road  fund  at  the  end  of  the  fiscal  year, 
after  the  payment  of  all  warrants  drawn  on  such 
fund,  shall  be  reapportioned  by  the  county  auditor 
to  the  district  funds  of  the  several  road  districts  in 
which  it  was  collected. 

All  contracts,  authorizations,  allowances,  pay- 
ments, and  liabilities  to  pay,  made  or  attempted  to 
be  made  in  violation  of  this  act,  shall  be  absolutely 
void,  and  shall  never  be  the  foundation  or  basis  of  a 
claim  against  the  treasury  of  such  county.  And  all 
officers  of  said  county  are  charged  with  notice  of  the 
condition  of  the  treasury  of  said  county,  and  the 
extent  of  the  claims  against  the  same.  All  super- 
visors, and  any  other  officer  authorizing  or  aiding 
to  authorize,  or  auditing  or  allowing  any  claim  or 
demand  upon  or  against  said  treasury,  or  any  fund 
thereof,  in  violation  of  any  of  the  provisions  of  this 
act,  shall  be  liable  in  person,  and  upon  their  several 
official  bonds,  to  the  person  or  persons  damaged  by 
such  illegal  authorization  to  the  extent  of  his  loss 
by  reason  of  the  non-payment  of  his  claim.  The 
treasurer  paying  any  claim  authorized,  allowed,  or 
audited  in  violation  of  this  provision  shall  be  liable 
on  his  official  bond  to  refund  the  same  to  the  county 


ROAD  LAWS.  21 

treasury.     [Amendment  approved  March  23,  1901.] 
75  Cal.  505;   78  Cal.  495;   137  Cal.  518;   153  Cal. 
373. 

§  2652.  The  Board  of  Supervisors  may,  annually, 
at  any  regular  meeting  held  between  the  first  days 
of  January  and  March  of  each  year,  levy  on  each 
male  person  over  twenty-one  and  under  fifty-five 
years  of  age  found  in  each  road  district  during  the 
time  for  the  collection  of  road  poll  taxes  for  that 
year,  excepting  all  persons  who  were  honorably 
discharged  from  service  in  the  army  or  navy  of  the 
United  States  at  any  time  within  the  first  day  of 
April  in  the  year  of  our  Lord  eighteen  hundred  and 
sixty-one,  and  the  first  day  of  September  in  the  year 
of  our  Lord  eighteen  hundred  and  sixty-five,  an 
annual  road  poll  tax  not  exceeding  three  dollars; 
and  from  every  such  person  not  above  excepted,  in  a 
road  district,  who  has  not  paid  the  same  in  some 
other  district,  must  be  collected  the  amount  of  road 
poll  tax  so  levied.  Said  road  poll  tax  shall  be  col- 
lected by  the  county  assessor  in  the  same  manner 
that  state  poll  taxes  are  collected,  and  all  remedies 
given  by  law  for  the  collection  of  state  poll  taxes 
shall  apply  to  and  be  in  force  for  the  collection  of 
road  poll  taxes.  Eoad  poll  tax  receipts,  in  blank, 
signed,  and  numbered  in  the  same  manner  that  other 
poll  tax  receipts  are  signed  and  numbered,  shall  be 
delivered  by  the  auditor  of  the  county  to  said 
county  assessor  on  or  before  the  first  Monday 
of  March  of  each  year;  and  said  assessor  shall  be 
charged  with  the  amount  of  such  road  poll  tax  re- 
ceipts delivered  to  him,  and  be  credited  with  those 
returned,  and  shall  settle  with  the  auditor,  and  pay 
over  the  amounts  collected,  in  the  manner  provided 
by  section  3853  of  this  code.  A  sum  not  exceeding 
thirty-five  per  cent  of  all  road  poll  taxes  so  collected 
may  be  apportioned  to  the  general  road  fund,  and 
the  balance  shall  be  apportioned  to  the  several  dis- 
tricts of  the  county  from  which  said  road  poll  tax 


22  EOAD  LAWS. 

was    collected.      [Amendment   approved   March   31, 
1891;  Stats.  1891,  p.  478.     In  effect  after  the  Mon- 
day following  the  first  day  of  January,  1893.] 
78   Cal.  495;    104  Cal.  66,  67. 

§  2653.  The  Board  of  Supervisors  must  each 
year,  at  the  meeting  at  which  they  are  required  to 
levy  the  property  tax  for  county  purposes,  estimate 
the  probable  amount  of  property  tax  for  highway 
purposes  which  may  be  necessary  for  the  ensuing 
year,  over  and  above  the  road  tax,  and  must  regu- 
late and  fix  the  amount  of  property  highway  tax, 
and  levy  the  same  thereby;  provided,  that  said 
property  tax  for  highway  purposes  shall  not  exceed 
the  sum  of  forty  cents  upon  each  one  hundred 
dollars  of  assessable  property  in  any  one  year. 

78   Cal.   495;   12   Cal.   App.   432. 

§  2654.  The  annual  property  tax  for  road  pur- 
poses must  be  levied  by  the  Board  of  Supervisors  at 
their  session  when  the  tax  is  by  them  levied  for 
county  purposes.  This  property  road  tax,  when 
levied,  must  be  annually  assessed  and  collected  by 
the  same  officers  and  in  the  same  manner  as  other 
state  and  county  taxes  are  levied,  assessed  and  col- 
lected, and  turned  over  to  the  County  Treasurer  for 
the  use  of  the  road  districts  from  which  it  is  respec- 
tively collected. 

96  Cal.  636;  104  Cal.  67;  137  Cal.  518,  519. 

§  2655.  All  property  road  tax  and  road  poll  tax 
collected  in  each  road  district  shall  be  expended  for 
road  purposes  within  the  district  in  which  it  is  col- 
lected, subject  to  the  provisions  of  sections  2651  and 
2652. 

137  Cal.  518;   153   Cal.  373. 

§  2656.  Whenever  any  territory  is  included  in  a 
city,  or  incorporated  town,  or  city  and  county, 
either  at  the  original  incorporation  of  such  city, 
incorporated  town  or  city  and  county,  or  by  an- 


EOAD  LAWS.  23 

nexation  thereto  subsequently,  and  such  territory 
shall  have  constituted  a  road  district,  or  a  part  of 
a  road  district,  it  shall  be  the  duty  of  the  county 
board  of  supervisors,  as  soon  as  practicable  after 
such  incorporation  or  annexation,  to  ascertain  how 
much  of  the  unexpended  moneys  in  the  general  road 
fund  or  of  the  highway  taxes  of  all  kinds  then 
levied  and  in  the  course  of  collection,  is  derived 
from  property  situate  or  persons  residing  in  such 
territory;  and  they  shall  cause  the  amount  so  ascer- 
tained to  be  paid  to  the  proper  officers  of  -such 
city,  incorporated  town,  or  city  and  county,  as  soon 
as  practicable  after  it  shall  have  come  into  the 
general  road  fund.  The  sum  or  sums  so  paid  over 
to  such  city,  incorporated  town,  or  city  and  county, 
shall  become  part  of  the  general  fund  of  such  city, 
incorporated  town,  or  city  and  county.  [New  sec- 
tion approved  February  28,  1907.  In  effect  imme- 
diately. All  conflicting  acts  repealed.] 


PERFORMANCE  OF  HIGHWAY  LABOR  AND  COM- 
MUTATION. 

§  2671.     Employers  responsible  for  road  taxes  assessed 
against  employees. 

§  2671.  Corporations,  or  other  employers  of  per- 
sons in  any  road  district  subject  to  road  tax 
are  chargeable  for  the  road  poll  tax  assessed  against 
their  employees  to  the  extent  of  any  credit  in  their 
hands  not  exceeding  such  tax;  provided,  the  Eoad 
overseer  shall  first  give  notice  to  such  employer,  or 
the  managing  agent  of  such  corporation,  and  from 
the  time  of  such  notice,  the  amount  of  any  credit  in 
his  hands,  or  that  shall  thereafter  accrue  sufficient 
to  satisfy  said  tax,  shall  be  paid  to  the  Koad  Tax 
Collector,  whose  receipt  shall  be  evidence  in  bar  of 
the  prosecution  of  any  action  by  the  employee 
against  the  principal  for  the  recovery  of  the  same. 


24,  ROAD  LAWS. 


LAYING    OUT,    ALTERING,    AND    DISCONTINUING 
ROADS. 

f  2681.  Who  may  apply  for  changes. 

§  2682.  Petition. 

§  2683.  Bond. 

§  2684.  Viewers. 

§  2685.  Duties  of  Viewers. 

§  2686.  Report  of  Viewers. 

§  2687.  Viewers  and  Surveyors,  how  paid. 

§  2688.  Proceedings  of  Board  in  hearing  report. 

§  2689.  Effect  of,  and  proceedings  on  approval  of  report 

§  2690.  Proceedings  to  procure  right  of  way. 

§  2691.  Payment  of  awards  and  expenses. 

§  2692.  Private  roads,  how  opened. 

§  2693.  Record  of  transfer  of  right  of  way. 

§  2694.  Roads  crossing  railroads,   canals,   and  ditches. 

§  2695.  Fences  to  be  removed,  how. 

§  2696.  Acquiring  land. 

§  2681.  Any  ten  freeholders  who  will  be  accom- 
modated by  the  proposed  road,  two  of  whom  must 
be  residents  of  the  road  district  wherein  any  part 
of  the  proposed  road  is  situated,  and  who  are  tax- 
able therein  for  road  purposes,  may  petition,  in 
writing,  the  board  of  supervisors  to  alter  or  discon- 
tinue any  road,  or  to  lay  out  a  new  road  therein; 
provided,  that  when  a  road  is  petitioned  for  upon 
the  dividing  line  between  two  counties,  the  same 
course  shall  be  pursued  as  in  other  cases,  except 
that  a  copy  of  the  petition  shall  be  presented  to  the 
Board  of  Supervisors  of  each  county,  who  shall  ap- 
point viewers,  to  act  jointly,  and  report  to  their 
respective  boards  the  action  of  such  viewers;  pro- 
vided, further,  that  all  such  roads  shall  be  at  least 
forty  feet  wide.  [Amendment  approved  March  10, 
1891;  Stats.  1891,  p.  64.] 

68  Gal.  59;  71  Cal.  403;  75  Cal.  609;  79  Cal.  379; 
80  Cal.  342;  89  Cal.  14;  95  Cal.  242,  243;  110  Cal. 
98;  130  Cal.  635;  157  Cal.  98;  1  Cal.  App.  179; 
2  Cal.  App.  26,  27;  3  Cal.  App.  675. 

§  2682.  The  petition  must  set  forth  the  general 
route  of  the  road  to  be  abandoned,  discontinued, 
altered,  laid  out,  or  constructed,  and  the  names  of 
the  persons  over  whose  land  the  same  is  to  run,  if 


EOAD  LAWS.  25 

known,  and  if  not  known,  that  fact  must  be  stated. 
[Amendment  approved  April  6,  1891;  Stats.  1891, 
p.  509.  In  effect  immediately.] 

75  Cal.  606;  95  Cal.  242,  243;  146  Cal.  2. 

§  2683.  The  petitioners  must  accompany  the  pe- 
tition with  a  good  and  sufficient  bond,  to  be  ap- 
proved by  the  Board  of  Supervisors,  in  double  the 
amount  of  the  probable  cost  of  the  viewing  and 
laying  out  or  altering  of  any  road,  conditioned  that 
the  bondsmen  will  pay  all  the  costs  of  viewing  and 
surveying  in  case  the  prayer  is  not  granted. 

75  Cal.  606;  95  Cal.  240;  107  Cal.  533;  139  Cal. 
130;  146  Cal.  2;  13  Cal.  App.  45. 

§  2684.  Upon  filing  such  petition  and  bond,  the 
Board  of  Supervisors  may,  if  they  deem  it  advis- 
able, appoint  three  viewers,  one  of  whom  must  be 
a  surveyor,  to  view  and  survey  any  proposed  altera- 
tion of  an  old  or  opening  of  a  new  road,  and  submit 
to  the  board  an  estimate  of  the  change,  alteration, 
or  opening,  including  the  purchase  of  the  right  of 
way,  and  their  views  of  the  necessity  thereof. 
[Amendment  approved  March  9,  1893;  Stats.  1893, 
p.  100.  In  effect  immediately.] 

§  2685.  The  road  viewers  must  be  disinterested 
citizens  of  the  county;  but  not  petitioners.  They 
must  be  sworn  to  discharge  their  duties  faithfully, 
must  view  and  lay  out  the  proposed  alterations  or 
new  road  over  the  most  practicable  route,  and  in 
the  performance  of  this  duty  they  shall  be  required 
to  make  the  proposed  alterations  or  new  road  over 
the  same  lands  mentioned  in  the  petition,  but  shall 
not  be  confined  to  any  particular  route  indicated 
therein.  The  viewers  must  notify  the  resident 
owner  or  agent  of  the  owner  of  the  land  over  which 
it  passes  of  the  proposed  route.  A  majority  number 
of  the  viewers,  providing  one  shall  be  a  surveyor, 
shall  be  competent  to  act  in  all  matters  pertaining 
to  their  duties  mentioned  in  this  chapter.  The 


26  EOAD  LAWS. 

Board  of  Supervisors,  in  making  the  order  appoint- 
ing viewers,  may,  in  their  discretion,  direct  said 
viewers  to  first  view  the  proposed  road,  and  if,  in 
the  opinion  of  the  viewers,  the  road  is  impracticable, 
the  said  viewers  shall  discontinue  further  proceed- 
ings in  the  matter,  and  report  accordingly.  [In 
effect  March  17,  1887.] 
75  Cal.  608;  136  Cal.  377. 

§  2686.  When  the  view  and  survey  of  the  pro- 
posed alteration  or  new  road  is  completed,  the 
viewers  must  report  to  the  Board  of  Supervisors — 

1.  The  course,  termini,  length,  and  probable  cost 
of  construction  of  the  proposed  road. 

2.  The  estimate  of  damage  to  the  owner  of  any 
land  over  which  it  is  proposed  to  run  the  road. 

3.  The    names    of   land    owners    who    consent    to 
give  the  right   of  way,   and  their  written  conseut 
thereto. 

4.  The  names  of  land  owners  who  do  not  consent, 
and  the  amount  of  damage  claimed  by  each;   pro- 
vided, that  when  there  are  non-resident  land  owners, 
and  no  agent  upon  the  land  upon  whom  notice  can 
be  served,  such  non-resident  land  owners  shall  be 
considered    as    non-consenting    land    owners,    unless 
their  written  consent  shall  have  been  obtained. 

5.  Such  other  facts  bearing  upon  the  subject  of 
importance   to  be  known  by  the   Board   of   Super- 
visors. 

6.  They  may  also,  in  their  discretion,  or  by  order 
of  the  Board  of  Supervisors,  report  upon  the  fea- 
sibilty  and  cost  of  any  other  route   than  the  one 
petitioned  for  which  would  subserve  the  same  pur- 
poses;   and   also   report    as    to    the    necessity   of    a 
greater  or  the  practicability  of  a  less  width  of  road 
than  petitioned  for. 

68  Cal.  62;  75  Cal.  608;  83  Cal.  514;  136  Cal.  477; 
14  Cal.  App.  787. 

§  2687.  The  viewers  must  be  paid  not  to  exceed 
three  dollars  each  per  day  for  their  services  out 


EOAD  LAWS.  27 

of  the  road  fund  of  the  district  through  which  the 
road  passes,  and  the  Surveyor  shall  receive  a  per 
diem  not  to  exceed  ten  dollars  for  the  time  occupied 
in  running  out  and  mapping  the  road,  and  making 
the  plat  and  field  notes,  which  must  be  filed  before 
he  receives  his  compensation. 

§2688.  The  Board  of  Supervisors  at  the  next 
meeting  after  the  filing  of  the  report  or  at  the  time 
when  the  report  is  filed  (if  then  in  session),  must 
fix  a  day  for  hearing  the  same,  and  must  give  notice 
to  such  non-consenting  land-owners  of  the  time  and 
place  of  such  hearing,  by  publication,  for  at  least 
two  successive  weeks  before  such  hearing,  in  a 
newspaper,  to  be  designated  by  the  board,  published 
in  the  county;  but  if  there  be  no  newspaper  pub- 
lished in  the  county,  then  by  posting  notices,  one  at 
a  conspicuous  place  on  the  land,  and  one  at  the 
court  house,  at  least  two  weeks  before  such  hearing. 
Said  notice  shall  intelligently  describe  the  road  to 
be  abandoned,  discontinued,  altered,  laid  out,  or 
constructed,  and  the  lands  over  which  the  same  is 
to  run,  and  the  names  of  the  owners  of  such  land 
when  known,  and  if  not  known,  that  fact  must  be 
stated.  The  board  must,  on  the  day  fixed  for  the 
hearing,  or  to  which  it  may  be  postponed  or  con- 
tinued, hear  the  evidence  offered  by  parties  inter- 
ested for  or  against  the  proposed  alterations  or  new 
road,  and  must  ascertain  and  by  order  declare  the 
amount  of  damage  awarded  to  each  non-consenting 
land  owner  over  whose  land  they  shall  order  the 
road  to  be  opened,  whether  known  or  unknown,  and 
declare  the  report  of  the  viewers  to  be  approved  or 
rejected,  in  whole  or  in  part.  [Amendment  ap- 
proved April  6,  1891;  Stats.  1891,  p.  509.  In  effect 
immediately.] 

104  Cal.  393;  2  Cal.  App.  26;  14  Cal.  App.  786. 

Consenting  owners:     See  Sec.  2686,  supra. 

§  2689.  If  the  Board  approve  the  report,  and 
there  are  no  non-consenting  land  owners,  the  road 


28  EOAD  LAWS. 

must  by  order  be  declared  a  public  highway,  and 
the  same  opened  to  the  public.  The  Board,  upon 
making  each  and  every  order  establishing  the  loca- 
tion or  alteration  of  any  road  or  highway,  shall  order 
the  amount  of  damages  sustained  by  each  and  every 
person  owning  or  claiming  lands,  or  any  improve- 
ments thereon  or  affected  thereby,  as  finally  fixed 
and  assessed  by  them,  to  be  set  apart  in  the  treas- 
ury out  of  the  proper  fund,  to  be  paid  by  the  proper 
owner  or  claimant  if  known,  and  to  be  kept  for  the 
proper  claimant  or  owner  if  unknown,  and  to  be 
paid  to  him  or  her  upon  showing  or  establishing 
their  right  or  title  to  such  lands  or  improvements; 
provided,  that  any  person  interested  in  said  road 
may  place  in  the  Treasury  the  whole  or  any  part  of 
the  amount  necessary  to  meet  the  demands  made 
upon  such  fund  by  said  orders  of  the  Board.  Any 
moneys  so  set  apart  as  herein  provided  for,  shall 
be  returned  to  the  person  from  whom  or  the  fund 
from  which  it  was  taken  or  set  apart,  if  not  paid 
to  or  accepted  by  the  proper  owner  or  claimant.  If 
the  awards  are  all  accepted,  the  road  must  be  de- 
clared a  public  highway,  and  be  opened  as  before 
provided/  [In  effect  March  17,  1887.] 

68  Cal.  60;  106  Cal.  571;  146  Cal.  2;  157  Cal. 
435;  2  Cal.  App.  26. 

§  2690.  If  any  award  of  damages  is  not  accepted 
within  ten  days  of  the  date  of  the  award,  it  shall 
be  deemed  as"  rejected  by  the  land  owners.  The 
Board  must  by  order  direct  proceedings  to  procure 
the  right  of  way  to  be  instituted  by  the  District 
Attorney  of  the  County,  under  and  as  provided  in 
title  seven,  part  three,  of  the  Code  of  Civil  Pro- 
cedure, against  all  non-accepting  land  owners,  and 
when  thereunder  the  right  of  way  is  procured  the 
road  must  be  declared  a  public  highway,  and  opened 
as  herein  provided.  In  such  suit  no  informality  in 
the  proceedings  of  the  Board  shall  vitiate  said  suit, 
but  the  said  order  of  the  Board  directing  the  Dis- 


KOAD  LAWS.  29 

trict  Attorney  to  bring  suit  shall  be  conclusive 
proof  of  the  regularity  thereof;  and  the  said  suit 
shall  be  determined  by  the  Court  or  jury  in  ac- 
cordance with  the  rights  of  the  respective  parties, 
as  shown  in  Court  independent  of  said  proceedings 
before  said  Board.  [In  effect  March  17,  1887.] 

68  Cal.  60;  83  Cal.  511,  513;  96  Cal.  93;  102  Cal. 
433;  110  Cal.  98;  118  Cal.  681;  129  Cal.  406,  407; 
130  Cal.  635;  136  Cal.  478;  139  Cal.  130;  146  Cal. 
2;  1  Cal.  App.  177,  179,  180;  2  Cal.  App.  28;  13 
Cal.  App.  46;  14  Cal.  App.  783. 

Notification  of  owners:  See  sec.  2688,  supra. 

Eminent  domain,  generally:  See  Code  Civ.  Proc., 
sees.  1237  et  seq. 

§  2691.  All  awards  by  agreement,  ascertainment 
by  the  board  or  the  proper  court,  and  all  expenses 
of  viewing,  laying  out,  or  altering  any  road,  must 
be  paid  out  of  the  road  fund  of  the  district,  except 
that  which  may  be  paid  by  interested  parties  on 
the  order  of  the  Board  of  Supervisors,  and  except 
also  that  whenever  it  appears  to  the  Board  of  Super- 
visors that  any  road  district  would  be  unreasonably 
burdened  by  the  payment  of  such  awards  and  expenses 
the  board  of  supervisors,  by  a  two-thirds  vote,  may 
cause  a  portion  of  such  awards  and  expenses  to  be 
paid  from  the  general  road  fund;  provided,  however, 
that  not  to  exceed  ten  per  cent  of  the  general  road 
fund  shall  be  devoted  to  such  purposes  in  any  one 
fiscal  year.  If  the  road  lies  in  more  than  one 
district,  the  supervisors  must  proportionately  divide 
the  awards  and  other  costs  between  said  districts; 
provided,  however,  that  when  money  is  paid  out 
by  any  interested  person  the  same  may  be  given  to 
the  credit  of  either  fund,  at  the  discretion  of  the 
board.  [Amendment  approved  February  27,  1893; 
Stats.  1893,  p.  53.  In  effect  immediately.] 

§  2692.  Private  or  by  roads  may  be  opened,  laid 
out,  or  altered  for  the  convenience  of  one  or  more 


30  EOAD  LAWS. 

residents  or  freeholders  of  any  road  district  in  the 
same  manner  as  public  roads  are  opened,  laid  out,  or 
altered,  except  that  only  one  petitioner  shall  be 
necessary,  who  must  be  either  a  resident  or  free- 
holder in  said  road  district;  and  the  Board  of 
Supervisors  may  for  like  cause  order  the  same  to  be 
viewed,  opened,  laid  out,  or  altered,  the  person  for 
whose  benefit  said  road  is  required  paying  the 
damages  awarded  to  land  owners,  and  keeping  the 
same  in  repair;  provided,  that  the  petitioners  must 
accompany  the  petition  with  the  bond  mentioned 
in  section  two  thousand  six  hundred  and  eighty- 
three,  conditioned  as  provided  in  said  section,  and 
with  a  further  condition  that  the  bondsmen  will  pay 
to  the  person  over  whose  land  said  road  is  sought 
to  be  opened  his  necessary  costs  and  disbursements 
in  contesting  the  opening  of  such  road,  in  case  the 
petition  be  not  granted,  and  the  road  finally  not 
opened;  provided,  that  all  private  roads  opened  or 
laid  out  under  the  provisions  of  this  act  shall  be 
upon  section  or  half-section  lines  wherever  prac- 
ticable. 

71  Cal.  403;  83  Cal.  511;  102  Cal.  433;  107  Cal. 
533,  534;  139  Cal.  130,  134,  135. 

§  2693.  In  all  cases  where  consent  to  use  the 
right  of  way  for  a  highway  is  voluntarily  given, 
purchased,  or  condemned,  and  paid  for,  either  an 
instrument  in  writing  conveying  the  right  of  way 
and  incidents  thereto,  signed  and  acknowledged 
by  the  party  making  it,  or  a  certified  copy  of  the 
decree  of  the  Court  condemning  the  same,  must 
be  made  and  filed  and  recorded  in  the  office  of  the 
Recorder  of  the  county,  in  which  the  land  so 
conveyed  or  condemned  must  be  particularly  de- 
scribed. 

§  2694.  Whenever  highways  are  laid  out  to  cross 
railroads,  canals,  or  ditches,  on  public  lands,  the 
owners  or  corporations  using  the  same  must,  at 


ROAD  LAWS.  31 

their  own  expense,  so  prepare  their  roads,  canals, 
or  ditches,  that  the  public  highway  may  cross  the 
same  without  danger  or  delay.  And  when  the 
right  of  way  for  a  public  highway  is  obtained 
through  the  judgment  of  any  Court  over  any  rail- 
road, canal,  or  ditch,  no  damages  must  be  awarded 
for  the  simple  right  to  cross  the  same. 

§  2695.  When  the  alteration  of  an  old  or  the 
opening  of  a  new  road  makes  it  necessary  to  re- 
move fences  on  land  given,  purchased,  or  con- 
demned, by  order  of  a  Court  for  road  or  highway 
purposes,  notice  to  remove  the  fences  must  be 
given  by  the  Eoad  Overseer  to  the  owner,  his 
occupant  or  agent,  or  by  posting  the  same  on  the 
fence;  and  if  the  same  is  not  done  within  ten  days 
thereafter,  or  commenced  and  prosecuted  with  due 
diligence,  the  Road  Overseer  may  cause  it  to  be 
carefully  removed  at  the  expense  of  the  owner, 
and  recover  of  him  the  cost  of  such  removal,  and 
the  fence  material  may  be  sold  to  satisfy  the 
judgment. 

77  Cal.  17;   89  Cal.  14. 

§  2696.  Whenever  it  shall  become  necessary  to 
acquire  land  in  order  to  raise  the  banks  along  any 
stream,  or  remove  obstructions  therefrom,  or  widen, 
change,  deepen  or  straighten  their  channels  for  the 
purpose  of  protecting  any  public  road  or  highway 
(or  to  construct  flumes,  ditches  or  canals,  or  make 
other  improvements  for  the  purpose  of  carrying  off 
storm-waters  or  floods  to  a  place  of  safety),  the 
board  must,  by  order,  direct  proceedings  to  procure 
land  necessary  for  such  purpose  to  be  instituted  by 
the  district  attorney  of  the  county,  in  the  name  of 
the  county,  under  and  as  provided  in  title  seven  of 
part  three  of  the  Code  of  Civil  Procedure.  [Amend- 
ment approved  March  3,  1903.  In  effect  in  sixty 
days.] 


32  ROAD  LAWS. 

ERECTION  AND  MAINTENANCE  OF  BRIDGES. 

§  2711.     Bridges,  how  maintained,  and  by  whom. 

§  2712.    When  aid  may  be  given  by  county  for  bridge. 

§  2713.  Construction  and  repair  of  bridges  to  be  let  out 
by  contract. 

§  2714.  When  one  Overseer  fails  to  act,  who  may  re- 
pair bridge. 

§  2715.     When  Supervisors  must  repair  bridge. 

§  2716.  Semi-annual  meetings  for  highway  and  bridge 
purposes. 

§  2711.  All  public  bridges  not  otherwise  specially 
provided  for,  are  maintained  by  the  road  district  in 
which  they  are  situate,  the  districts  which  they 
unite,  and  the  country  at  large,  in  the  same  manner 
as  highways,  and  under  the  management  and  con- 
trol of  the  Eoad  Overseer  and  the  Board  of  Super- 
visors, the  expense  of  constructing,  maintaining, 
and  repairing  the  same  being  primarily  payable 
out  of  the  road  fund  of  the  district  in  the  hands 
of  the  County  Treasurer,  and  from  road  taxes. 

137  Cal.  206. 

§  2712.  Whenever  it  appears  to  the  Board  of 
Supervisors  that  any  road  district  is  or  would  be 
unreasonably  burdened  by  the  expense  of  construct- 
ing, or  by  the  maintenance  and  repairs  of  any  road, 
bridge  or  tunnel  connecting  or  forming  a  part  of 
a  road,  or  the  purchase  of  toll-roads,  they  may,  in 
their  discretion,  cause  a  portion  of  the  aggregate  cost 
or  expense  to  be  paid  out  of  the  general  road  fund 
of  the  county,  or  by  a  vote  of  the  majority  of  the 
Board  of  Supervisors,  said  board  may,  in  their  dis- 
cretion, order  a  portion  of  the  cost  of  construction 
and  repairs  of  bridges  and  tunnels  connecting  or 
forming  a  part  of  a  road,  or  a  portion  of  the 
cost  of  the  purchase  of  toll-roads,  or  cost  of  ma- 
terial for  road  construction  to  be  paid  out  of  the 
county  general  fund,  as  well  as  the  general  road 
fund;  provided,  however,  that  said  board  shall  not 
take  any  money  out  of  the  county  general  fund 
for  cost  of  material  for  road  construction,  except 
by  unanimous  vote  of  the  board  of  supervisors;  and 


ROAD  LAWS.  33 

provided  further,  that  the  said  board  may  in  then 
discretion,  by  a  four-fifths  vote,  pay,  or  cause  to 
be  paid,  out  of  the  county  general  fund  or  the 
general  road  fund,  or  both  or  either,  the  whole  or 
a  portion  of  the  cost  required  to  construct,  build, 
reconstruct,  rebuild,  or  repair  any  and  all  bridges 
or  roads  in  the  county,  or  both,  destroyed  or  dam- 
aged by  storms,  floods  or  other  calamities.  [Amend- 
ment approved  May  1,  1911;  in  effect  immediately.] 

78  Cal.  496;  150  Cal.  456;  153  Cal.  371,  373;  12 
Cal.  App.  433. 

Note.  Section  2712  was  amended  twice  in  1911, 
on  March  22,  1911,  and  on  May  1,  1911.  For  act 
of  March  22,  1911,  see  Stats.  1911,  Chap.  248. 

§  2713,  No  bridge,  the  cost  of  construction  or 
repair  of  which  will  exceed  the  sum  of  two  hun- 
dred dollars,  must  be  constructed  or  repaired  except 
on  the  order  of  the  Board  of  Supervisors.  When 
ordered  to  be  constructed  or  repaired,  the  contract 
therefor  may  in  their  discretion,  be  let  out,  and  if 
let,  it  must  be  after  reasonable  notice  given  by  the 
Board  of  Supervisors,  by  publication  at  least  once 
a  week  for  two  weeks  in  a  county  newspaper;  and 
if  no  paper  is  published  in  said  county,  then  by 
three  posted  notices,  one  at  the  courthouse,  one  at 
the  point  to  be  bridged,  and  one  at  some  other 
neighboring  place  in  the  county.  All  bids  shall  be 
sealed;  they  shall  be  opened  at  the  time  specified 
in  the  notice,  and  the  contract  awarded  to  the 
lowest  responsible  bidder.  The  board  may,  how- 
ever, reject  any  and  all  bids.  The  contract  and 
bond  for  its  performance  must  be  entered  into  and 
approved  by  the  Board  of  Supervisors;  except, 
however,  in  cases  of  great  emergency,  by  the 
unanimous  consent  of  the  whole  board  they  may 
proceed  at  once  to  replace  or  repair  any  and  all 
structures,  of  whatever  nature,  without  notice. 
Bridges  crossing  the  line  between  counties  must 
be  constructed  by  the  counties  into  which  such 


34  BOAD  LAWS. 

bridges  reach,  and  each  of  the  counties  into  which 
any  such  bridge  reaches  shall  pay  such  portion  of 
the  cost  of  such  bridge  as  shall  have  been  pre- 
viously agreed  upon  by  the  boards  of  supervisors 
of  said^  counties;  provided,  that  where  such  bridge 
or  bridges,  crossing  the  line  between  counties,  shall 
reach  within  the  limits  of  an  incorporated  town,  or 
city,  or  city  and  county,  the  provisions  of  this 
section  shall  apply.  [Approved  March  22,  1907.  In 
effect  immediately.] 

134  Cal.  561;   137  Gal.  206,  207. 

§  2714.  If  the  Eoad  Overseer  of  one  district, 
after  five  days'  notice  from  the  overseer  of  an 
adjoining  district  to  aid  in  the  repair  of  a  bridge 
in  which  each  are  interested,  fails  so  to  aid,  the 
one  giving  notice  may  make  the  necessary  repairs, 
and  must  be  allowed  a  pro  rata  compensation 
therefor  by  the  Board  of  Supervisors  out  of  the 
road  fund  of  the  defaulting  district.  Bridges 
crossing  the  line  or  lines  between  cities  or  towns 
and  road  districts,  or  between  cities  or  towns, 
may  be  constructed  and  maintained  by  the  cities 
or  towns  and  from  the  road  fund  of  the  road  dis- 
trict or  by  the  cities  or  towns  into  which  such 
bridges  extend.  Any  such  bridge  may  be  con- 
structed by  contract  let  as  provided  by  law  by 
either  city  or  town  or  by  the  county  into  which 
such  bridge  extends  or  wherein  such  bridge  is  lo- 
cated, and  any  such  city,  town  or  county  may  con- 
tribute toward  the  cost  and  expense  of  the  con- 
struction or  maintenance  of  such  bridge  by  the  ap- 
propriation for  such  purpose  of  any  funds  in  the 
treasury  of  such  city,  town  or  county  not  other- 
wise appropriated,  upon  such  terms  and  conditions 
as  may  be  prescribed  by  ordinance  or  resolution  of 
the  governing  body  of  such  city,  town  or  county 
aiding  in  the  construction  or  maintenance  of  such 
bridge;  provided  that  if  the  proportion  to  be  paid 
by  any  such  city,  town  or  county  cannot  be  other- 
wise determined,  the  cost  of  construction  or  main- 


ROAD  LAWS.  35 

tenance  of  any  such  bridge  shall  be  borne  equally 
by  the  city  or  town  and  from  the  road  fund  oi 
the  road  district  or  by  the  cities  or  towns  into 
which  such  bridge  extends.  The  proceeds  of  any 
bonds  heretofore  or  hereafter  authorized  by  the 
voters  of  any  such  city,  town  or  county  for  the 
acquisition,  construction  or  completion  of  any  such 
bridge,  or  any  portion  thereof,  may  be  expended 
or  contributed  as  herein  provided.  [Amendment 
approved  March  1,  1911;  in  effect  immediately.] 

§  2715.  If  the  overseer  of  any  road  district, 
chargeable  with  the  repair  of  a  bridge,  fails  to 
make  the  needed  repairs,  after  being  informed 
that  a  bridge  is  impassable  or  unsafe,  and  is  re- 
quested to  make  the  same  by  two  or  more  free- 
holders of  the  district  in  which  it  is  situate,  or  the 
two  districts  which  it  unites,  the  freeholders  may 
represent  the  facts  to  the  Board  of  Supervisors, 
who,  upon  being  satisfied  that  the  bridge  is  un- 
safe, must  cause  the  same  to  be  repaired,  and  must 
pay  therefor  from  the  funds  of  the  district  charge- 
able therewith,  or,  if  deemed  necessary,  from 
the  general  road  fund. 

§  2716.  The  Supervisors  may  appoint,  semi- 
annually,  a  special  meeting,  at  which  the  Road 
Overseers,  on  days  set  apart  for  their  respective 
districts,  must  be  present;  and  at  such  special 
meetings  so  appointed  the  Supervisors  must  hear 
highway  and  bridge  reports  and  complaints  from 
officers  and  citizens;  after  which  such  orders  must 
be  made  and  such  action  had  regarding  the  same 
as  the  public  welfare  demands. 

137  Cal.  206. 


OBSTRUCTIONS  AND  INJURIES  TO  HIGHWAYS. 
§  2731.     Removal  of  encroachments. 
I  2732.     Notice  to  remove  encroachments. 
§  2733.     Penalty  for  neglect. 

I  2734.    If  encroachment  denied,  action  for  nuisance. 
§  2735.     If  encroachment  not  denied,  how  removed. 


36  ROAD  LAWS. 


{  2736.  Penalty  for  leaving  open  gates  or  riding  off  the 
road. 

i  2737.     Penalty  for  obstruction  or  injury. 

I  2738.     Penalty  for  injuring  mile-stone  or  guide-post. 

I  2739.     Removal  of  fallen  trees. 

§  2740.     Unauthorized  felling  of  trees. 

§  2742.     Destroying  shade  or  ornamental  trees. 

$  2743.  Recovery  and  application  of  penalties  and  for- 
feitures. 

§  2744.  Service  of  notice  by  publication  on  non-resi- 
dents. 

§  2731.  If  any  highway  duly  laid  out  or  erected 
is  encroached  upon  by  fences,  buildings,  or  other- 
wise, the  "Road  Overseer  of  the  district  may,  orally 
or  in  writing,  require  the  encroachment  to  be  re- 
moved from  the  highway. 

77  Cal.  16;  90  Cal.  385;  99  Cal.  445,  446;  126 
Cal.  580;  136  Cal.  549. 

§  2732.  Notice  must  be  given  to  the  occupant 
or  owner  of  the  land,  or  person  causing  or  owning 
the  encroachment,  or  left  at  his  place  of  residence 
if  he  be  known  to  the  person  giving  such  notice 
and  reside  in  the  county,  if  not,  it  must  be  posted 
on  the  encroachment,  specifying  the  breadth  of  the 
highway,  the  place  and  extent  of  the  encroachment, 
and  requiring  him  to  remove  the  same  within  ten 
days. 

99  Cal.  445,  447. 

§  2733.  If  the  encroachment  is  not  removed,  or 
commenced  to  be  removed  and  diligently  prosecuted, 
prior  to  the  expiration  of  ten  days  from  the 
service  or  posting  the  notice,  the  one  who  caused, 
owns,  or  controls  the  encroachment  forfeits  ten 
dollars  for  each  day  the  same  continues  unremoved. 
If  the  encroachment  is  such  as  to  effectually  ob- 
struct and  prevent  the  use  of  the  road  for  vehicles, 
the  Overseer  must  forthwith  remove  the  same. 

136  Cal.  550. 

§  2734.  If  the  encroachment  is  denied,  and  the 
owner,  occupant,  or  person  controlling  the  matter 


ROAD  LAWS.  37 

or  thing  charged  with  being  an  encroachment  re- 
fuses either  to  remove  or  permit  the  removal 
thereof,  the  Road  Overseer  must  commence  in  the 
proper  Court  an  action  to  abate  the  same  as  a 
nuisance;  and  if  he  recovers  judgment,  he  may,  in 
addition  to  having  the  same  abated,  recover  ten 
dollars  for  every  day  such  nuisance  remained  after 
notice,  and  also  his  costs  in  said  action. 

71  Cal.  36,  37;  77  Cal.  16,  17,  18;  99  Cal.  445, 
446,  447;  126  Cal.  580;  136  Cal.  549. 

§  2735.  If  the  encroachment  is  not  denied,  but 
is  not  removed  for  five  days  after  the  notice  is 
complete,  the  Road  Overseer  may  remove  the  same 
at  the  expense  of  the  owner,  occupant,  or  person 
controlling  the  same,  and  recover  his  costs  and 
expenses,  as  also  for  each  day  the  same  remained 
after  notice  was  complete,  the  sum  of  ten  dollars,  in 
an  action  for  that  purpose. 

136  Cal.  549. 

§  2736.  No  gates  must  be  allowed  on  any  public 
highway  except  such  as  are  allowed  by  the  Board 
of  Supervisors,  in  accordance  with  the  provisions 
of  subdivision  eleven,  section  two  thousand  six 
hundred  and  forty-three,  and  when  so  allowed  they 
must  be  maintained  at  the  expense  of  the  owner 
or  occupant  at  whose  request  or  for  whose  benefit 
they  were  erected.  If  such  expense  is  not  paid, 
the  gate  must  be  removed  as  an  obstruction.  Any 
one  who  leaves  open  such  gate,  or  willfully  and 
unnecessarily  rides  over  ground  adjoining  the  road 
on  which  the  gate  is  erected,  forfeits  to  the  injured 
party  treble  damages. 

§  2737.  Whoever  obstructs  or  injures  any  high- 
way, or  diverts  any  watercourse  thereon,  or  drains 
water  from  his  land  upon  any  highway,  to  the 
injury  thereof,  by  means  of  ditches  or  dams,  is 
liable  to  a  penalty  of  ten  dollars  for  each  day  such 
obstruction  or  injury  remains,  and  must  be  pun- 


38  EOAD  LAWS. 

ished  as  provided  in  section  five  hundred  and  eighty- 
eight  of  the  Penal  Code.  Any  person,  persons,  or 
corporation  who  shall  be  storing  or  distributing 
water  for  any  purpose,  and  shall  permit  the  water 
to  overflow  or  saturate,  by  seepage,  any  highway, 
to  the  injury  thereof,  shall,  upon  notification  of  the 
road  commissioner  of  the  district  where  such  over- 
flow or  seepage  occurs,  repair  the  damages  occa- 
sioned by  such  overflow  or  seepage;  and  should 
such  repair  not  be  made  within  a  reasonable  time 
by  such  person,  persons,  or  corporation,  said  road 
commissioners  shall  make  such  repairs,  and  recover 
the  expense  thereof  from  such  person,  persons,  or 
corporation,  in  an  action  at  law.  All  persons  ex- 
cavating irrigation,  mining,  or  draining  ditches 
across  public  highways  shall  be  required  to  bridge 
said  ditches  at  such  crossings,  and  upon  neglect  to 
do  so,  the  road  commissioner  for  that  road  district 
shall  construct  the  same  and  recover  the  cost  of 
constructing  said  bridge  or  bridges  of  such  persons 
by  action,  as  provided  in  this  section;  provided, 
that  the  Supervisors  of  any  county  may  construct 
and  maintain  bridges  over  any  and  all  ditches 
used  exclusively  for  irrigation  purposes,  and  which 
cross  public  highways  in  the  county  over  which 
they  have  authority,  and  may,  with  the  consent  of 
the  owners  of  such  ditches,  declare  any  and  all  such 
bridges  to  be  public  property,  and  maintain  and 
keep  the  same  in  repair  at  the  expense  of  such 
county.  And  whoever  willfully  injures  any  public 
bridge  is  hereby  declared  to  be  guilty  of  a  mis- 
demeanor, and  is  also  liable  for  actual  damages  for 
such  injury,  to  be  recovered  by  the  county  in  a  civil 
action;  provided  further,  that  every  person  who 
knowingly  allows  the  carcass  of  any  dead  animal 
(which  animal  belonged  to  him  at  the  time  of  its 
death)  to  be  put  or  to  remain  within  one  hundred 
feet  of  any  street,  alley,  public  highway,  or  road  in 
common  use,  and  every  person  who  puts  the  carcass 


EOAD  LAWS.  39 

of  any  dead  animal  within  one  hundred  feet  of  any 
street,  alley,  highway,  or  road  in  common  use,  or 
who  shall  deposit  on  any  highway  any  refuse  or 
waste  tin,  sheet-iron,  or  broken  glass,  is  guilty  of 
a  misdemeanor.  [Amendment  approved  March  27, 
1897;  Stats.  1897,  ch.  clxi.  In  effect  immediately.] 
68  Cal.  360;  136  Cal.  550;  10  Cal.  App.  140. 

§  2738.  Whoever  removes  or  injures  any  mile- 
board,  or  milestone,  or  guide-post,  or  any  inscrip- 
tion on  such,  erected  on  any  highway,  is  liable  to 
a  penalty  of  ten  dollars  for  every  such  offense, 
and  punishable  as  provided  in  section  five  hundred 
and  ninety  of  the  Penal  Code.  It  shall  be  the  duty 
of  the  Board  of  Supervisors  to  cause  guide-posts, 
with  suitable  inscriptions  thereon,  to  be  erected  at 
all  road  crossings  and  forks  of  roads  outside  of  any 
corporate  limits. 

§  2739.  Any  person  may  notify  the  occupant  or 
owner  of  any  land  from  which  a  tree  or  other 
obstruction  has  fallen  upon  any  highway  to  remove 
such  tree  or  obstruction  forthwith.  If  it  is  not  so 
removed,  the  owner  or  occupant  is  liable  to  a 
penalty  of  one  dollar  for  every  day  thereafter  till 
it  is  removed,  and  the  cost  of  removal. 

§  2740.  Whoever  cuts  down  a  tree  so  that  it  falls 
into  any  highway  must  forthwith  remove  the  same, 
and  is  liable  to  a  penalty  of  ten  dollars  for  every 
day  the  same  remains  in  such  highway. 

136  Cal.  550. 

§  2742.  Whoever  digs  up,  cuts  down,  or  other- 
wise maliciously  injures  or  destroys  any  shade  or 
ornamental  tree  on  any  highway,  unless  the  same  is 
deemed  an  obstruction  by  the  Eoad  Overseer,  and 
removed  under  his  direction,  forfeits  one  hundred 
dollars  for  each  such  tree. 

Injuries  to  highways,  etc.     Penal  Code,  sec.  588. 


40  EOAD  LAWS. 

§  2743.  All  penalties  or  forfeitures  given  in  this 
chapter,  and  not  otherwise  provided  for,  must  be 
recovered  by  the  Road  Overseer  or  Commissioner 
of  the  respective  road  districts  by  suit  in  the  name 
of  the  county  in  which  said  road  district  is  situated, 
and  be  paid  into  the  Eoad  Fund  of  his  district. 

71  Cal.  37;   99  Cal.  213;   136  Cal.  549. 

§  2744.  When  notice  is  required  to  be  served 
upon  non-resident  landowners  under  any  of  the 
provisions  of  this  act,  such  notice  shall  be  deemed 
to  have  been  served  by  publication,  as  authorized 
by  the  Board  of  Supervisors;  and  for  all  purposes, 
non-resident  land  owners  upon  whom  personal 
service  cannot  be  made  within  the  county  shall  be 
treated  as  non-consenting  land  owners. 

137  Cal.  518. 

Note. — The  act  reconstructing  this  chapter  con- 
tained the  following  preliminary  and  closing  sec- 
tions: 

Section  1.  Chapter  two  of  title  six  of  part  three 
of  an  act  of  the  Legislature  of  the  State  of  Cali- 
fornia, entitled  "An  Act  to  establish  a  Political 
Code/'  approved  March  12,  1872,  and  each  and 
every  section  of  said  chapter  two,  are  hereby  re- 
pealed, and  a  new  chapter  two  of  title  six  of  part 
three  of  said  Political  Code  is  hereby  enacted  and 
substituted  in  place  of  said  repealed  chapter,  to 
read  as  follows: 

Sec.  2.  All  laws  concerning  roads  and  highways 
in  conflict  with  this  act,  and  all  laws  applicable 
to  particular  counties  of  this  State  concerning 
roads  and  highways,  are  hereby  repealed;  provided, 
that  any  proceedings  commenced  before  this  act 
takes  effect  for  the  alteration,  establishment,  or 
abandonment  of  any  road  or  highway,  may  be 
conducted  under  the  provisions  of  the  law  under 
which  said  proceedings  were  commenced;  provided 
further,  that  nothing  herein  contained  shall  be 


EOAD  LAWS.  41 

deemed  to  authorize  the  levy  or  collection  of  a  road 
poll  tax,  or  property  road  tax,  within  municipalities 
existing  under  the  laws  of  this  State,  wherein  work 
and  improvements  upon  the  streets  is  done  by  virtue 
of  any  law  relating  to  street  work  and  improve- 
ments within  such  municipality.  Nor  shall  any  such 
incorporated  city  or  towns  be  by  the  Supervisors 
of  the  county  included  or  embraced  in  any  road 
district  by  them  established  under  this  act.  [Ap- 
proved February  28,  1883.] 

PERMANENT   ROAD    DIVISIONS. 
§  2745.     Road  divisions. 
§  2746.     Petition    for    formation    of    road    division,    and 

what  it  must  contain. 

§  2747.     Petition  must  be  accompanied  by  affidavit. 
§  2748.     Publication  of  petition  and  notice. 
§  2749.     Hearing  of  petition. 

§  2750.     Boundaries  of  permanent  road  division. 
§  2751.     Petition  for  improvement  of  roads,  and  what  it 

must  contain. 

§  2752.     Duty  of  Board  on  receipt  of  petition. 
§  2753.     Funds  may  be  set  apart. 
§  2754.     Duty    of    Board    with    regard    to    special    tax. 

Election. 

§  2755.     Notices  must  specify  what. 

§  2756.  Elections  to  vote  upon  special  tax  proposition. 
§  2757.  Ballots. 

§  2758.     Officers  must  certify  result  of  election. 
§  2759.     Supervisors  to  compute,  levy,  and  collect  tax. 
}  2760.     Election  for  issuing  road  bonds. 

\  2761.     Posting  and  publishing  notice. 

i  2762.     Conduct  of  election. 

i  2763.     Certificate  of  result. 

\  2764.     Form  of  bonds. 

j  2765.     Rate    of    interest,    what   bonds    must    contain, 

how  sold. 

§  2766.     Reversion  of  funds. 
§  2767.     Work  to  be  done  by  contract. 
§  2768.     Method  of  procedure  in  opening  bids. 
§  2769.     Payments  on  account. 
1 2770.     Money    remaining    in    funds.      When    division 

lapses. 

§  2771.     Where  notices  must  be  published. 
§  2772.     Expenses  of  organizing  division. 
§  2773.     Construction  of  Act. 

§  2745.     Any   portion  of  a  county  not   contained 
in  a  permanent  road  division  may  be  formed  into 


42  EOAD  LAWS. 

a  permanent  road  division  under  the  provision  of 
this  act,  and  when  so  formed  shall  have  the  powers 
herein  enumerated  and  such  as  may  hereafter  be 
conferred  thereon  by  law.  [Approved  March  19, 
1907.] 

§  2746.  A  petition  for  the  formation  of  a  per- 
manent road  division  (naming  it)  may  be  presented 
to  the  board  of  supervisors  of  the  county  wherein 
the  division  is  proposed  to  be  formed.  It  shall  be 
signed  by  at  least  a  majority  of  the  land  owners 
residing  within  the  proposed  division,  and  shall 
contain: 

1.  The  boundaries  of  the  proposed  division; 

2.  The    number    of    acres    therein    contained    and 
the   assessed   valuation  of  the  same   accordingly   to 
the  last  completed  assessment  roll  of  the  county; 

3.  The  value  of  the  improvements  on  real  estate 
and   of  the  personal  property  within   the  proposed 
division  according  to  the  last  completed  assessment 
roll; 

4.  The  number  of  inhabitants  therein  as  near  as 
can  be   ascertained; 

5.  A  particular  description  as  to  location  of  the 
road  or  roads  which  it  is  desired   to   construct   or 
improve  and  the  necessity  for  such  work; 

6.  By  the  last  completed  assessment  roll  is  meant 
the  last  roll  as  made  up  by  the  assessor,  with  the 
changes    ordered   by    the    supervisors    sitting    as    a 
board  of  equalization.     [Approved  March  19,  1907.] 

51  Cal.  416;  71  Cal.  37;  136  Cal.  549. 

§  2747.  Such  petition  shall  be  accompanied  by 
an  affidavit  stating  that  affiant  has  compared  the 
valuations  therein  given  with  those  on  the  last  com- 
pleted assessment  roll  and  that  the  same  are  com- 
plete and  correct.  [Approved  March  19,  1907.] 

§  2748.  Such  petition  shall  be  presented  at  a 
regular  meeting  of  the  board  of  supervisors  or  at  a 


ROAD  LAWS.  43 

special  meeting  called  to  receive  and  consider  the 
same,  and  shall  be  published  at  least  once  a  week 
for  three  successive  weeks  in  a  newspaper  published 
in  the  county  before  the  time  at  which  it  is  to  be 
presented,  together  with  a  notice  stating  the  time  of 
the  meeting  at  which  the  board  will  be  asked  to 
consider  the  petition,  which  time  shall  not  be  more 
than  ten  days  after  the  last  publication  of  the 
petition  and  notice.  [Approved  March  19,  1907.] 

§  2749.  On  the  day  named  in  the  notice  the 
board  shall  hear  the  petition  and  may  adjourn  such 
hearing  from  time  to  time,  but  not  longer  than  one 
month  in  all.  On  the  final  hearing  they  may  make 
such  changes  in  the  boundaries  of  the  proposed  road 
division  as  they  may  find  to  be  proper  and  shall 
define  and  establish  such  boundaries;  but  such 
changes  shall  not  include  any  territory  outside  of 
the  boundaries  described  in  the  petition  until  the 
board  has  given  at  least  fifteen  days'  notice  of  its 
intention  to  include  such  territory  in  such  road 
division.  Such  notice  shall  be  given  by  publication 
at  least  once  a  week  for  three  successive  weeks  in  a 
paper  published  in  the  county,  and  by  leaving  a 
copy  thereof  at  each  place  of  abode  in  said 
territory.  Approved  [March  19,  1907.] 

§  2750.  The  boundaries  established  by  the  board 
shall  be  the  boundaries  of  such  permanent  road 
division  until  the  same  shall  be  changed  in  the 
manner  provided  by  law;  but  if  it  shall  appear  to 
the  board  that  the  boundaries  of  any  such  division 
have  been  incorrectly  described,  it  shall  direct  the 
county  surveyor  to  ascertain  and  report  a  correct 
description  of  the  boundaries  in  conformity  with 
the  orders  of  the  board.  At  the  first  regular  meet- 
ing of  the  board  after  the  filing  of  the  county  sur- 
veyor's report,  they  shall  cause  notice  to  be  pub- 
lished in  some  newspaper  published  in  the  county 
that  the  report  will  be  considered  at  the  next 


44  EOAD  LAWS. 

regular  meeting  of  the  board,  naming  the  day,  and 
at  such  meeting  the  board  shall  ratify  the  report 
of  the  surveyor,  with  such  modifications  as  they 
deem  necessary.  And  the  boundaries  so  established 
shall  be  the  legal  boundaries  of  such  permanent 
road  division.  [Approved  March  19,  1907.] 

§  2751.  At  the  time  of  forming  a  permanent  road 
division,  or  at  any  time  thereafter,  any  ten  or  more 
resident  freeholders  thereof,  may  petition  the  board 
of  supervisors  to  have  plans  prepared  for  the  con- 
struction or  improvement  of  the  road  or  roads  or 
any  part  thereof  mentioned  in  the  petition  for  the 
formation  of  said  division,  or  of  the  whole  or  any 
part  of  any  other  road  in  the  division.  Such  peti- 
tion shall  state: 

1.  The  recommendations  of  the  petitioners  as  to 
the   materials  to  be  used   and  the  manner   of   con- 
structing or  repairing  said  road  or  roads; 

2.  An  estimate  of  the  probable  cost  of  such  work; 

3.  A  request  that  the  board  appropriate  for  said 
work  a  sum  of  money,  naming  it,  from  the  general 
road  fund  of  the  county; 

4.  A  request  that  the  board  appropriate  for  said 
work   a   sum  of  money,   naming   it,  from   the   road 
district  funds  in  the  road  districts   of   which   said 
permanent  road  division  forms  a  part; 

5.  A  request  that  a  special  tax  be  levied  or  that 
the   bonds   of   the   division   be   issued   to    raise    the 
balance  necessary  for  said  work.     [Approved  March 
19,  1907.] 

§  2752.  Upon  receiving  such  petition  the  board 
shall  proceed  to  prepare,  or  cause  to  be  prepared, 
plans  and  specifications  for  and  an  estimate  of  the 
cost  of  the  work  mentioned  in  said  petition,  and  for 
any  other  road,  bridge,  culvert  or  work  considered 
a  necessary  part  of  the  permanent  road  petitioned 
for.  [Approved  March  19,  1907.] 


EOAD  LAWS.  45 

§  2753.  When  the  board  has  adopted  plans  and 
specifications  for  said  work  they  may  set  apart 
therefor  such  a  sum  from  the  general  road  fund  of 
the  county  as  they  shall  consider  equitable;  also, 
such  sum  from  the  funds  of  the  district  or  districts 
of  which  said  division  is  a  part,  as  they  consider 
equitable,  but  not  less  than  seventy-five  per  cent 
of  the  sum  which  bears  the  same  ratio  to  the 
whole  fund  of  the  district  or  districts  which  the 
assessed  valuation  of  the  division  bears  to  the  whole 
valuation  of  the  district  or  districts  of  which  it 
forms  a  part.  The  board  may  in  its  discretion  give 
more  than  this  percentage.  These  sums  shall  be  set 
apart  in  a  fund,  to  be  known  as  the  permanent  road 

fund   of   division    (using   the   name    of     the 

division.)      [Approved  March  19,  1907.] 

§  2754.  When  a  special  tax  is  petitioned  for  the 
board  of  supervisors  shall  immediately  order  an 
election  within  such  road  division  to  determine 
whether  the  same  shall  be  levied;  and  the  board 
may  in  its  discretion  submit  to  the  electors  at  such 
election  the  question  whether  the  balance  of  the 
estimated  cost  of  the  proposed  work  shall  be  raised 
by  a  special  tax  in  one,  two,  or  r  three  successive 
years,  raising  an  equal  amount  each  year.  Such 
election  must  be  called  by  posting  notices  not  more 
than  one  mile  apart,  and  not  less  than  three  such 
notices,  along  the  road  or  roads  proposed  to  be  im- 
proved or  constructed,  at  least  fifteen  days  before 
the  election,  and  by  publishing  the  same  at  least 
once  a  week  for  three  successive  weeks  in  a  news- 
paper published  in  the  county.  [Approved  March 
19,  1907.] 

§  2755.  Such  notices  must  specify  the  time  and 
place  or  places  of  holding  the  election,  the  amount 
of  money  proposed  to  be  raised  and  the  purpose  for 
which  it  is  to  be  used,  including  a  brief  description 
of  the  proposed  work  and  materials  to  be  used,  and 


46  KOAD  LAWS. 

whether  it  is  proposed  to  raise  the  amount  in  one, 
two  or  three  successive  years.  If  in  more  than  one 
year,  the  amount  proposed  to  be  raised  each  year. 
[Approved  March  19,  1907.] 

§  2756.  For  the  purposes  of  this  election,  the 
supervisors  shall  establish,  by  order,  one  or  more 
precincts  and  appoint  three  judges  for  each  to 
conduct  the  same,  and  it  must  be  held  in  all  re- 
spects as  nearly  as  practicable  in  conformity  with 
the  general  election  law;  but  no  particular  form  of 
ballot  need  be  used,  nor  shall  any  informality  in 
conducting  such  election  invalidate  the  same  if  the 
election  shall  have  been  otherwise  fairly  conducted. 
[Approved  March  19,  1907.] 

95  Cal.  469;  99  Cal.  213;  136  Cal.  549. 

§  2757.  At  such  elections  the  ballots  shall  con- 
tain the  words  "Tax — Yes"  or  "Tax — No."  [Ap- 
proved March  19,  1907.] 

102   Cal.  33. 

§  2758.  The  officers  of  the  election  must  certify 
the  result  of  the  election  to  the  board  of  super- 
visors, giving  the  whole  number  of  votes  cast,  the 
number  for  and  the  number  against  the  tax.  If  the 
majority  shall  be  against  the  tax,  the  money  thereto- 
fore transferred  to  the  fund  of  such  division  shall 
revert  to  the  funds  from  which  it  was  taken.  [Ap- 
proved March  19,  1907.] 

§  2759.  If  the  majority  of  the  votes  cast  are  for 
the  tax,  the  supervisors  must  at  the  time  of  levying 
the  county  taxes  levy  a  tax  upon  all  the  taxable 
property  in  the  division  sufficient  to  raise  the 
amount  voted  for  the  current  fiscal  year.  The  rate 
of  taxation  shall  be  ascertained  by  deducting  fifteen 
per  cent  for  anticipated  delinquencies  from  the 
aggregate  assessed  value  of  the  property  in  the 
division  as  it  appears  on  the  assessment  roll  of 
the  county  and  then  dividing  the  sum  voted  by  the 


EOAD  LAWS.  47 

remainder  of  such  aggregate  assessment  value.  The 
tax  so  levied  shall  be  computed  and  collected  in  the 
same  manner  as  state  and  county  taxes,  and  when 
collected  shall  be  paid  into  the  county  treasury 
for  the  use  of  the  division  in  which  the  tax  is 
voted.  [Approved  March  19,  1907.] 

§  2760.  If  the  petition  mentioned  in  section 
2751  of  this  code  asks  for  the  issuance  of  bonds 
the  supervisors  shall  call  an  election  in  such  road 
division  and  submit  to  the  electors  thereof  the 
question  whether  the  bonds  of  the  division  shall 
be  issued.  Such  election  must  be  called  by  posting 
notices  not  more  than  one  mile  apart  and  not  less 
than  three  such  notices,  along  the  fifteen  days  be- 
fore the  election,  and  by  publishing  the  same  at 
least  once  a  week  for  three  successive  weeks  in  a 
newspaper  published  in  the  county.  The  super- 
visors shall  in  such  notice  designate  the  polling 
place  or  places  and  define  the  boundaries  of  the 
election  districts,  but  no  election  precinct  shall  be 
part  in  one  and  part  in  another  of  such  districts. 
[Approved  March  19,  1907.] 

§  2761.     Such  notice  must  contain: 

1.  The  time  and  place  or  places  of  holding  such 
election; 

2.  The    name   of   three   judges   for   each    election 
district  to  conduct  the  same; 

3.  The  hours   during  the   day  in  which  the  polls 
will  be  open,  not  less  than  eight; 

4.  The   amount   and   denomination   of  the   bonds; 
the  rate  of  interest,  not  exceeding  seven  per  cent; 
and  the  number  of  years,  not  exceeding  twenty,  any 
part  of  said  bonds  shall  run; 

5.  The  purpose  for  which  it  is  to  be  used,  includ- 
ing a  brief  description  of  the  proposed  work  and  the 
materials  to  be  used; 

6.  The   signature   of  the   chairman  of   the  board, 
attested   by   the   county   clerk.      [Approved   March 
19,  1907.] 


48  EOAD  LAWS. 

§  2762.  Such  election  shall  be  conducted  as  near 
as  practicable  in  accordance  with  the  general  elec- 
tion law,  but  no  particular  form  of  ballot  need  be 
used.  No  informality  in  conducting  such  election 
shall  invalidate  the  same  if  the  election  shall  have 
been  otherwise  fairly  conducted.  At  such  elections 
the  ballots  shall  contain  the  words  "Bond — Yes" 
or  "Bond— No. "  [Approved  March  19,  1907.] 

§  2763.  The  officers  of  the  election  must  certify 
the  result  of  the  election  to  the  board  of  super- 
visors, giving  the  whole  number  of  votes  cast  and 
the  number  for  and  the  number  against  the  bonds. 
If  two-thirds  of  those  voting  thereon  are  in  favor 
of  issuing  such  bonds,  then  the  board  of  supervisors 
shall  cause  an  entry  of  that  fact  to  be  made  upon 
the  minutes,  and  thereupon  they  shall  be  author- 
ized and  empowered  to  issue  the  bonds  of  said 
division  to  the  number  and  amount  provided  for  in 
such  proceedings,  payable  out  of  the  funds  of  such 
division,  and  that  the  money  shall  be  raised  by 
taxation  upon  the  property  in  said  district  for  the 
redemption  of  said  bonds,  and  the  payment  of  in- 
terest thereon,  but  the  total  amount  of  bonds  so 
issued  shall  not  exceed  fifteen  per  cent  of  the  tax- 
able property  of  the  division  as  shown  by  the  last 
equalized  assessment  roll  of  the  county.  [Approved 
March  19,  1907.] 

§  2764.  The  supervisors,  by  an  order  entered  upon 
the  minutes,  shall  prescribe  the  form  of  said  bonds 
and  of  the  interest  coupons  attached  thereto,  and 
shall  fix  the  time  when  the  several  bonds  shall 
become  due,  not  exceeding  twenty  years  from  the 
date  thereof.  [Approved  March  19,  1907.] 

§  2765,  Such  bonds  shall  bear  no  greater  rate  of 
interest  than  seven  per  cent  per  annum,  and  the 
interest  shall  be  payable  annually.  The  bonds  and 
each  coupon  shall  bear  the  autograph  or  fac  simile 
printed  signature  of  the  chairman  of  the  board  and 


ROAD  LAWS.  49 

of  the  county  clerk.  Said  bonds  shall  be  sold  by 
the  county  treasurer,  after  reasonable  notice,  to 
the  highest  and  best  bidder,  but  not  for  less  than 
par  and  accrued  interest,  if  any.  [Approved  March 
19,  1907.] 

§  2766.  If  at  the  election  mentioned  in  section 
sixteen  of  this  act,  an  issue  of  bonds  is  not 
authorized,  the  money  transferred  to  the  fund  of 
the  division  shall  revert  to  the  funds  from  which 
it  was  taken.  [Approved  March  19,  1907.] 

§  2767.  The  road  work  provided  for  in  this  act 
shall  be  done  by  contract  let  to  the  lowest  respon- 
sible bidder  in  accordance  with  the  provisions  of 
section  twenty-six  hundred  and  forty-three  of  the 
Political  Code  of  California.  The  successful  bidder 
shall  give  a  bond  in  such  sum  as  the  supervisors 
shall  provide,  conditioned  for  the  faithful  perform- 
ance of  the  contract,  and  for  the  payment  of  all 
labor  employed  and  material  used  in  said  work, 
and  such  bondsmen  shall  be  jointly  and  severally 
liable  for  the  payment  of  all  such  labor  employed 
and  such  material  used.  [Approved  March  19, 
1907.] 

§  2768.  Before  opening  the  bids  for  doing  the 
work  herein  provided  for,  the  supervisors  shall 
appoint  two  inspectors,  residents  of  the  division, 
both  of  whom  shall  not  belong  to  the  same  political 
party,  and  fix  their  compensation,  not  exceeding 
thirty  cents  an  hour  for  the  time  actually  spent 
in  the  performance  of  their  duties,  which  com- 
pensation shall  be  paid  out  of  the  funds  of  the 
division.  It  shall  be  the  duty  of  the  inspectors 
to  inspect  from  time  to  time  the  work  being  done 
under  the  contract.  They  shall  file  with  the 
board  of  supervisors  at  least  once  a  month  written 
reports  on  the  manner  in  which  the  contractor  is 
performing  the  work,  setting  forth  in  detail  any 
objections  they  or  either  of  them  may  have  to  the 


50  EOAD  LAWS. 

manner  in  which  the  work  is  being  done,  with 
recommendations  as  to  changes  desirable  and  pro- 
vided for  in  the  plans  and  specifications.  They  shall 
also  estimate  the  amount  of  work  of  an  unsatis- 
factory nature  done  since  their  last  report  and  the 
supervisors  shall  make  no  payment  on  account  of 
such  alleged  unsatisfactory  work  until  the  objec- 
tions have  been  inquired  into  or  until  the  con- 
tractor shall  have  performed  the  work  in  strict 
compliance  with  the  plans  and  specifications.  [Ap- 
proved March  19,  1907.] 

§  2769.  The  supervisors  may,  from  time  to  time 
as  the  work  progresses,  make  payments  on  account, 
but  shall  not,  before  the  completion  of  the  contract, 
pay  more  than  seventy-five  per  cent  of  the  contract 
price  of  the  amount  completed,  and  final  payment 
shall  not  be  made  until  the  work  has  been  accepted 
by  the  board.  [Approved  March  19,  1907.] 

§  2770.  Any  money  remaining  after  the  comple- 
tion of  the  work  contracted  for  shall  remain  in  the 
fund  of  the  road  division  and  shall  be  expended 
only  in  maintaining  the  roads  of  such  division.  On 
the  payment  of  the  debts  of  the  division  or  on  the 
failure  at  two  successive  elections  to  vote  a  special 
tax  or  bonds  for  any  proposed  work  such  road 
division  shall  cease  to  exist  as  a  permanent  road 
division;  provided,  that  the  second  election  for  a 
special  tax  or  bond  issue  shall  be  held  not  less  than 
six  months  nor  later  than  one  year  after  the  election 
at  which  a  special  tax  or  bond  issue  has  been 
defeated.  [Approved  March  19,  1907.] 

§  2771.  All  publications  required  to  be  made  in 
the  proceedings  for  the  formation  of  a  permanent 
road  division,  or  the  elections  or  other  proceedings 
had  therein,  shall  be  published  in  a  newspaper 
published  within  such  road  division  if  any  paper  is 
published  therein;  if  there  is  no  paper  published 
within  such  road  division,  such  publication  shall  be 


KOAD  LAWS.  51 

made  in  a  paper  published  within  the  county  and 
deemed  by  the  supervisors  most  likely  to  give  notice 
to  the  residents  of  the  road  division.  One  publica- 
tion each  week  for  three  successive  weeks  shall  be  a 
sufficient  publication  under  this  act,  including  any 
publication  under  proceedings  commenced  but  not 
concluded  before  this  act  takes  effect.  [Approved 
March  19,  1907.] 

§  2772.  The  expenses  of  organizing  a  permanent 
road  division  and  of  conducting  any  election  under 
the  provisions  of  this  act  shall  be  a  county  charge, 
payable  out  of  the  general  county  fund.  [Approved 
March  19,  1907.] 

§  2773.  This  act  is  intended  to  furnish  an  alter- 
native method  for  accomplishing  the  road  construc- 
tion and  improvement  provided  for  herein,  and 
does  not  repeal,  modify,  or  abridge  any  other  act 
or  acts  having  for  their  object  the  construction  or 
improvement  of  roads,  streets,  or  other  public  high- 
ways not  within  the  boundaries  of  a  municipal 
corporation.  [Approved  March  19,  1907.] 

TOLL,  ROADS. 

Construction  of  Toll  Roads,   pp.   51-59. 

Use  of  Toll  Roads  and  Obstructions  thereon,  r>r>.  59-60. 

Inspection  and  Repairs,   pp.   60-62. 

CONSTRUCTION  OF  TOLL  ROADS. 

§  2779.     Notice  of  and  application  to  construct  the  road. 

§  2780.     Special  meeting  of  Supervisors. 

§  2781.     Hearing  the  application. 

§  2782.     Action  of  Supervisors. 

§  2783.  Commissioners,  how  appointed  for  other  coun- 
ties. 

§  2784.     Laying  out  the  road. 

§  2785.  Compensation  of  Commissioners,  map  and 
report. 

§  2786.     Branches  and  extensions. 

§  2787.     Acquisition  of  lands  for  toll  roads. 

§  2788.     Appropriation  of  damages  for  highways  taken. 

§  2789.     Plat  must  be  made  before  tolls  are  fixed. 

§  2790.     Orchards  and  gardens. 


52  EOAD  LAWS. 


§  2791.  Bridging  streams. 

§  2792.  One    road    corporation    using    the    roadbed    of 

another. 

§  2793.  How  to  be  constructed. 

§  2794.  May  relay  with  what. 

§  2795.  Milestones  and  posts. 

§  2796.  Guide  posts. 

§  2797.  Inspection,  certificate,  and  completion. 

§  2798.  Erection  of  gates,  etc. 

§  2799.  Abandonment  of  road,  and  what  becomes  of  it. 

§  2800.  County  may  purchase  road,  how. 

§  2801.  Appraisement  and  award,  how  made. 

§  2802.  Provisions  apply  to  all  toll  roads. 

§2779.  If  all  lands  necessary  for  the  roadbed 
and  other  purposes  are  not  otherwise  acquired  as 
hereinafter  provided,  the  company  proposing  to 
construct  a  toll  road  through  any  part  of  a  county 
must  publish  a  notice  in  some  newspaper  published 
therein,  and  if  none,  then  in  a  newspaper  nearest 
thereto,  once  in  each  week  for  six  successive 
weeks,  specifying  the  character  of  the  road,  the 
termini,  and  each  town,  city,  or  village  through 
which  it  is  proposed  to  construct  it,  and  the  time 
when  the  application  hereinafter  required  will  be 
made.  After  such  notice  is  complete,  on  the  day 
specified  therein,  application  must  be  made  to  the 
Board  of  Supervisors  of  the  county  for  authority 
to  take  the  necessary  land  and  to  construct  the 
road  described  in  the  notice. 

88   Cal.  633;   95  Cal.   85. 

Wagon  road  corporations — taking  tolls:  Civil 
Code,  sec.  514  et  seq. 

§  2780.  On  application  therefor  the  President  of 
the  Board  of  Supervisors  may  call  a  special  meeting 
to  hear  the  application,  ten  days'  notice  thereof 
being  served  on  each  of  the  other  Supervisors, 
either  personally  or  by  leaving  it  at  his  place  of 
residence  if  absent;  the  expense  of  such  special 
meeting  and  serving  notices  must  be  paid  by  the 
applicant. 


KOAD  LAWS.  53 

§  2781.  On  the  hearing  all  residents  of  the 
county  and  others  interested  may  appear  and  be 
heard.  The  board  may  take  testimony,  or  authorize 
it  to  be  taken  by  any  officer  of  the  county,  and 
adjourn  the  hearing  from  time  to  time. 

§  2782.  If  it  appears  to  the  Board  of  Super- 
visors that  the  public  interests  will  be  promoted 
thereby,  a  majority  of  all  the  members  thereof 
may  grant  the  application,  and  by  order  authorize 
the  company  to  take  the  real  property  necessary 
and  appoint  two  Commissioners  to  lay  out  the 
road,  who  are  disinterested  either  in  the  company 
or  in  any  land  sought  to  be  taken  or  adjoining 
thereto.  A  copy  of  this  order  must  be  recorded  in 
the  county  clerk's  office  before  action  under  it  is 
had. 

§  2783.  If  the  route  extends  into  more  than  one 
county,  the  application  must  specify  their  names, 
and  the  Board  of  Supervisors  of  each  of  such 
counties  must  appoint  Commissioners  to  act  in 
their  respective  counties  with  the  Commissioner 
and  surveyor  of  the  company.  The  company  must 
appoint  one  commissioner  of  like  qualification  as 
those  appointed  by  the  Board  of  Supervisors,  and 
furnish  a  surveyor  to  accompany  and  act  with 
them. 

§  2784  The  Commissioners  must  take  the  oath 
of  office,  and  view  and  lay  out  the  road  as  in  their 
judgment  will  best  promote  the  public  interest. 
They  must  hear  all  persons  interested,  and  may 
take  testimony;  they  may  determine  the  breadth 
of  the  way,  not  exceeding  one  hundred  feet,  ex- 
cept where  the  company  acquire  a  greater  breadth 
by  grant.  They  must  make,  sign,  and  certify  an 
accurate  survey  and  description  of  the  route,  and 
of  the  land  necessary  for  the  road,  buildings,  and 
gates  in  each  county,  and  record  the  same  in  the 
office  of  the  County  Clerk  thereof.  When  the 


54  EOAD  LAWS. 

breadth  of  the  road  is  not  fixed  by  the  Commis- 
sioners it  may  be  fixed  by  the  Commissioner  of 
Highways  or  the  Board  of  Supervisors  of  the 
county. 

§  2785.  The  company  must  pay  to  each  Com- 
missioner his  expenses  and  four  dollars  a  day  for 
his  services;  cause  their  surveyor  to  make  the 
map  of  the  proposed  road,  which,  when  approved 
and  certified  by  the  Commissioners,  must  be  filed 
with  the  report  in  the  office  of  the  Clerk  of  the 
Board  of  Supervisors  and  recorded. 

§  2786.  The  Directors  of  any  such  company  may, 
with  the  written  consent  of  the  holders  of  two- 
thirds  of  the  stock,  proceed  in  the  manner  pre- 
scribed by  the  preceding  seven  sections  to  construct 
branches  to  their  road,  or  to  extend  it  or  alter 
any  part  of  its  route  or  branches. 

§  2787.  Lands,  roadways,  and  rights  to  the  use 
of  land  necessary  for  the  purposes  of  the  toll  road 
or  its  appurtenances  may  be  acquired  by  gift, 
purchase,  transfer,  or  consent,  or  by  condemnation 
as  hereinabove  provided  for.  If  after  any  toll 
road  company  has  actually  constructed  its  road 
over  any  land,  adverse  claim  be  made  to  such 
land,  the  company  may,  without  making  the  appli- 
cation to  the  Board  of  Supervisors  hereinabove 
provided  for,  acquire  the  right  of  way  for  said 
road  over  such  land  by  condemnation  in  the 
manner  provided  for  in  Title  VII  of  the  Code  of 
Civil  Procedure.  Lands  within  any  public  highway 
may  be  granted  by  the  Board  of  Supervisors  or  town 
or  city  authorities  on  such  terms  and  for  such 
sums  as  may  be  agreed  upon.  [Amendment  ap- 
proved March  18,  1907.] 

Condemnation  proceedings:  C.  C.  P.,  Sees.  1237- 
1264  post. 

§  2788.  When  the  road  company  desires  the  ex- 
clusive use  of  lands  forming  part  of  a  highway, 


EOAD  LAWS.  55 

and  such  use  is  granted  by  the  Supervisors,  the 
damages  received  therefor  are  to  be  paid  to  the 
road  fund  of  the  road  district  in  which  the  same  is 
situated. 

Eoad  company — collecting  tolls:  Civil  Code,  sec. 
514  et  seq. 

§  2789.  When  the  company  ftas  obtained  all 
necessary  lands,  roadways,  and  rights  of  way  in 
any  county  by  gift,  purchase,  transfer,  consent  or 
agreement,  the  road  may  be  constructed  or  com- 
pleted without  making  the  application  to  the 
Board  of  Supervisors  hereinbefore  provided  for; 
but  before  the  supervisors  fix  the  tolls  to  be  taken 
on  such  road,  an  accurate  survey  or  plat  of  the 
road  must  be  made  by  a  practical  surveyor,  signed 
and  sworn  to  by  the  president  and  secretary,  and 
filed  for  record  in  the  county  clerk 's  office  of  each 
county  through  which  the  road  passes.  [Amend- 
ment approved  March  18,  1907.] 

95   Cal.   85. 

§  2790.  No  such  road  must  be  laid  out  through 
any  orchard  of  four  years'  growth,  to  the  injury 
of  the  fruit  trees,  or  any  garden  of  four  years' 
cultivation,  or  any  dwelling-house  or  building  con- 
nected with  a  dwelling-house,  or  any  yard  or  in- 
closure  necessary  thereto,  without  the  consent  of 
the  owner. 

§  2791.  The  road  company  may  bridge  any 
stream  or  river  on  the  route  of  their  road,  when 
not  within  the  limits  prescribed  by  law  for  the 
erection  and  maintenance  of  any  other  bridge;  and 
in  bridging  streams  used  for  rafting  lumber  the 
bridge  must  be  so  constructed  as  not  to  prevent 
or  endanger  the  passage  of  any  raft  forty  feet  in 
width. 

§  2792.  No  plankroad  company  must  construct 
its  road  on  the  road  of  another  company,  except 
in  case  of  crossings,  without  consent  of  the  latter. 


56  EOAD  LAWS. 

§  2793.  Every  such  road  must  be  laid  out  at 
least  fifty  feet  wide.  The  track  of  plank  roads 
must  be  constructed  eighteen  feet  wide,  of  timber, 
plank  or  other  hard  material.  The  track  of  turn- 
pikes must  be  bedded  with  stone,  gravel,  or  such 
other  hard  material  found  on  the  line  thereof,  to 
the  width  of  eighteen  feet,  and  faced  with  broken 
stone  or  gravel.  The  common  wagon  road  must 
be  graded  at  least  twelve  feet  in  width,  and  so 
constructed  with  necessary  turnouts  as  to  permit 
vehicles  to  pass  each  other  conveniently.  All  the 
roads  must  be  ditched  on  the  sides  when  practi- 
cable, and  have  proper  and  necessary  sewerage, 
and  be  so  constructed  that  vehicles  may  pass  on 
and  oif  the  track  at  all  intersections  of  roads. 

§  2794.  Every  company  that  has  once  laid  their 
road  with  plank  may  relay  it  or  any  part  of  it 
with  broken  stone,  gravel,  shells,  or  other  hard 
material  whereby  they  keep  a  good,  substantial 
road. 

§  2795.  A  milestone  or  post  must  be  maintained 
at  every  mile,  with  an  inscription  showing  the 
distance  from  the  commencement  of  the  road.  If 
the  road  commences  at  the  end  of  any  other  road, 
or  intersects  therewith,  having  milestones  or  posts 
on  which  the  distance  from  any  city  or  town  is 
marked,  a  continuation  of  that  distance  must  also 
be  inscribed. 

Injuries  to  milestones,  etc.:  Penal  Code,  sec.  590. 

§  2796.  A  guide  post  must  be  erected  at  every 
place  where  the  road  is  intersected  by  a  public 
road,  with  an  inscription  showing  the  name  of  the 
place  to  which  such  intersecting  road  leads,  in  the 
direction  to  which  the  name  on  the  guide  post 
points. 

Injuries  to  guide  posts,  etc.:  Penal  Code,  sec 
590. 


EOAD  LAWS.  57 

§  2797.  When  the  road,  or  three  consecutive 
miles  thereof,  is  completed,  the  Commissioner  of 
Highways  or  such  Eoad  Overseer  or  other  person 
thereto  specially  appointed  by  the  Board  of  Super- 
visors of  the  county,  must  inspect  the  road  when 
requested,  and  if  satisfied  that  the  road  conforms 
to  the  requirements  of  the  law,  must  certify  to  the 
facts  and  file  the  certificate  in  the  oflice  of  the 
County  Clerk;  for  such  service  four  dollars  per 
day  must  be  by  the  company  paid  to  the  Inspector 
or  Commissioner.  When  only  three  miles  of  any 
plankroad  are  completed,  if  it  is  not  the  entire 
road,  tolls  must  not  be  collected  thereon  for  more 
than  one  year,  unless  the  road  or  five  consecutive 
miles  are  completed  within  the  year. 

§  2798.  When  the  certificate  of  completion  is 
filed,  toll  gates  may  be  erected  and  tolls  collected. 
No  toll  gate,  toll  house,  or  other  building  must  be 
put  up  within  ten  rods  of  the  front  of  any  dwell- 
ing-house, barn,  or  outhouse,  without  written  con- 
sent of  the  owner  thereof. 

§  2799.  Whenever  the  holders  of  two-thirds  of 
the  stock  consent,  the  directors  of  any  company 
may  abandon  the  whole  or  any  part  of  their  road 
at  either  or  both  ends,  by  written  surrender  thereof, 
attested  by  their  seal,  and  acknowledged  by  the 
president  and  secretary  as  a  deed  or  grant  is  ac- 
knowledged, and  recorded  in  the  Clerk's  office  of 
each  county  where  the  surrendered  road  lies;  there- 
after the  surrendered  road  belongs  to  the  road 
districts  in  which  it  lies;  but  the  company  may 
continue  to  take  toll  on  any  three  consecutive 
miles  in  length  not  so  surrendered. 

99  Cal.  213;   122  Cal.  338. 

Road  so  abandoned — becomes  a  highway:  Sec. 
2619,  supra. 

§  2800.  At  any  time  within  five  years  from 
filing  the  certificate  of  completion  of  any  road 


58  EOAD  LAWS. 

constructed  under  the  provisions  of  this  chapter,  or 
at  any  time  after  any  toll  road  constructed  and 
under  operation  under  any  of  the  laws  of  this 
State  has  been  in  existence  for  ten  or  more  years, 
a  county  within  which  the  road  or  any  portion 
thereto  is  located,  may  purchase  the  same  at  a 
fair  cash  valuation,  to  be  fixed  by  seven  Commis- 
sioners, all  disinterested  persons;  three  to  be  ap- 
pointed by  the  Board  of  Supervisors  of  the  county, 
three  by  the  owners  of  the  road,  and  one  by  the 
Judge  of  the  Superior  Court  of  the  county,  who 
must  estimate  the  fair  cash  value  of  the  road,  and 
make  report  thereof,  under  oath,  to  the  Board  of 
Supervisors.  If,  within  three  months  after  filing 
the  report,  the  appraised  value  thereof  is  tendered 
on  behalf  of  the  county  to  the  owner  of  the  road, 
or  his  authorized  managing  agent,  in  gold  coin, 
the  right  of  the  owner  to  take  tolls  on  the  road  is 
terminated,  and  the  road  to  become  the  property 
of  the  county.  [Amendment,  approved  March  27, 
1895;  Stats.  1895,  p.  196.  In  effect  March  27, 
1895.] 

80  Cal.  341;   99  Cal.  213;   122  Cal.  338. 

§  2801.  A  majority  of  the  Board  of  Commission- 
ers mentioned  in  the  preceding  section  constitute 
a  quorum,  and  the  concurrence  of  a  majority  in 
making  the  estimate  and  award  is  binding  upon 
the  road  owner  if  approved  by  the  Board  of  Super- 
visors. The  Commissioners  must  make  their  report 
within  thirty  days  after  their  appointment,  and  if 
approved,  the  tender  of  the  amount  of  the  appraise- 
ment and  award  must  be  made  by  the  County 
Treasurer;  whether  the  owner  conveys  the  road  to 
the  county  or  not,  the  report  and  tender  operate 
as  a  conveyance  to  the  county  of  the  road  and  all 
its  incidents  and  appurtenances. 

§  2802.  The  provisions  of  this  article  apply  to 
all  toll  roads,  whether  owned  by  companies,  cor- 
porations, or  natural  persons,  and  include  toll  rdada 


ROAD  LAWS.  59 

constructed  or  to  be  constructed  and  operated  for 
the  use  of  light  vehicles  for  the  carriage  of  per- 
sons, or  for  the  use  of  automobiles  and  other 
horseless  vehicles.  [Amendment  approved  March 
22,  1909.  Stats.  1909,  p.  669.] 

USE     OF     TOLL     ROADS,     AND     OBSTRUCTIONS 
THEREON. 

§  2814.     Persons  exempt  from  tolls. 
§  2815.     Encroachments,  how  removed. 
§  2816.     Who  liable  for  penalty,  and  what. 
§  2817.     Action  for  penalty  or  trespass. 

§  2814.  The  following  persons,  and  none  other, 
are  exempt  from  payment  of  toll  on  wagon,  turn- 
pike, or  plank  roads: 

1.  Persons  going  to  or  from  any  funeral,  and  all 
funeral  processions. 

2.  Troops  in  actual  service  of  the  State  or  of  the 
United    States,    and    persons    going   to    or    from    a 
military  training  which  by  law  they  are  required 
to  attend. 

3.  Persons    going   to    or   from   the    courthouse   in 
obedience  to  a  subpoena  in  a  criminal  action. 

4.  Persons   living   within   one    mile   of    any   gate 
by  the  most  usually  traveled  road  may  pass  it  at 
one-half   toll,   when   not    engaged   in   the   transpor- 
tation of  other  or  the  property  of  others. 

5.  Farmers    living    on    their    farms    within    one 
mile    of    any    gate    by    the    most    usually    traveled 
road,  may  pass  free  when  going  to  or  from  their 
work  on  such  farms. 

6.  School  children   attending  school  within  three 
miles  of  their  parents'  or  boarding  house. 

7.  The  Eoad  Overseer  of  the  road  district  through 
which  road  passes,  or  the  Commissioners  of  High- 
ways for  the  purpose  of  inspecting  the  condition  of 
th'e  road.     [Amendment  approved  March  12,  1880.; 
Stats.  1880,  p.  4.] 

Persons  not  exempt — evading  payment  of  tolls, 
fine  against:  Penal  Code,  sec.  389. 


60  ROAD  LAWS. 

§  2815.  On  application  by  an  officer  of  the  com- 
pany, the  Commissioner  of  Highways,  or  Road 
Overseer  of  the  district  where  the  same  exists, 
may  inquire  into  any  encroachment  upon  the  lands 
of  the  company  used  for  the  purposes  of  the  road, 
caused  by  fence,  building,  or  otherwise,  and  he 
must,  if  he  finds  it  does  exist,  require  or  cause 
its  removal  as  provided  for  highway  encroachments 
in  article  VIII,  chapter  II,  of  this  Title. 

99  Cal.  213. 

Obstructions  and  injuries  to  highways:  Sees. 
2731-2744. 

§  2816.  Every  person  who,  having  the  control 
thereof,  neglects  to  remove  an  encroachment  after 
being  notified  thereof,  or  permits  the  same  to  re- 
main after  notice,  unless  he  immediately  com- 
mences and  diligently  prosecutes  its  removal  to 
completion,  is  liable  to  a  penalty  of  five  dollars 
for  every  day  of  such  neglect  or  failure. 

§  2817.  An  action  for  the  penalties  given  by 
this  chapter,  and  for  any  trespass  on  or  injury  to 
such  road,  may  be  maintained  in  the  county  where 
the  act  was  done,  or  in  that  where  the  defendant 
resides,  by  the  company. 

Injuries  to  toll  houses  or  turnpike  gates — consti- 
tute misdemeanor:  Penal  Code,  Sec.  589. 

INSPECTION  AND  REPAIRS. 
§  2827.     Inspection  of  roads,  and  repairs. 
§  2828.     Closing  gates,  and  penalty. 
§  2829.     Defects  in  road,  to  be  reported  to  whom. 
§  2830.    Enforcing    obedience    to    notice    and    require- 
ment. 

§  2S31.     Fees  of  Commissioner  or  Overseer. 
§  2832.     Pack  trails  in  mountain  districts. 

§  2827.  Every  Commissioner  of  Highways,  or 
Road  Overseer  of  the  district,  to  whom  complaint 
in  writing  is  made  that  any  part  of  a  wagon,  turn- 
pike, or  plank  toll  road  in  his  county  or  district,  or 


JfcOAD  LAWS.  61 

any  part  of  such  road,  the  gate  nearest  to  which 
is  in  his  county  or  district,  is  out  of  repair,  must 
examine  it  without  delay,  and  give  notice  of  the 
defect,  particularly  describing  the  same,  to  the 
person  attending  the  gate  nearest  thereto.  If  the 
necessary  repair  is  not  made,  or  defect  remedied, 
within  three  days  after  such  notice  is  given,  the 
Commissioner  or  Eoad  Overseer  may  order  such 
gate  to  be  thrown  open. 
99  Cal.  213. 

§  2828.  A  gate  so  ordered  to  be  thrown  open 
must  not  be  shut  nor  any  toll  collected  thereat  un- 
til the  Commissioner  of  Highways  or  Eoad  Over- 
seer ordering  it  shut  grants  a  certificate  that  the 
road  is  in  sufficient  repair,  and  that  the  gate  ought 
to  be  closed.  The  company  and  their  gatekeeper 
or  other  employee,  violating  or  permitting  the  vio- 
lation of  this  section,  or  the  order  made  under  the 
preceding  section,  are  each  liable  in  a  penalty  of 
twenty-five  dollars  for  each  offense,  to  be  recov- 
ered by  the  party  aggrieved. 

§  2829.  Every  Commissioner  of  Highways  or 
Eoad  Overseer  who  discovers  a  defect  in  any  toll 
road  in  his  county  or  district,  or  a  gate  placed  in 
a  situation  contrary  to  law,  must  give  written  no- 
tice thereof  to  one  or  more  of  the  Directors  or 
managing  agents  of  the  company,  requiring  the  de- 
fective road  to  be  repaired,  or  the  gate  to  be  re- 
moved, within  a  specified  time,  and  may  order 
that  ir.  the  meantime  such  gates  as  he  specifies  be 
thrown  open. 

§  2830.  If  the  notice  and  requirements  are  not 
obeyed,  the  Commissioner  of  Highways  or  Eoad 
Overseer  must  make  immediate  complaint  to  the 
District  Attorney  of  the  county,  who  must  prose- 
cute the  company  therefor  in  the  name  of  the  peo- 
ple for  so  suffering  the  road  to  be  out  of  repair,  or 
of  having  placed  any  gate  in  a  situation  contrary 


62  ROAD  LAWS. 

to  the  law;  and  if  convicted  thereof,  the  company 
must  be  fined  not  exceeding  two  hundred  and  fifty 
dollars. 

§  2831.  The  Commissioner  of  Highways  or 
Road  Overseer  complaining  to  the  District  Attor- 
ney, or  who  makes  inspection  and  discovers  de- 
fects in  the  road,  is  entitled  to  three  dollars  for 
each  day's  services  in  inspecting  the  road,  or  nec- 
essarily expended  in  prosecuting  the  action  there- 
for, to  be  paid  in  case  of  conviction  as  costs. 
When  no  action  is  had,  but  repairs  are  made,  or 
gate  removed,  on  the  inspection  and  requirement 
of  the  Commissioner  of  Highways  or  Eoad  Over- 
seer, the  toll  gatherer  nearest  the  road  so  out  of 
repair,  or  the  gate  to  be  moved,  must  pay  the 
fees  hereinbefore  specified  out  of  the  tolls  collect- 
ed; if  he  refuse  to  pay  the  same,  the  same  may  be 
recovered  by  action,  with  costs. 

§  2832.  The  Boards  of  Supervisors  of  the  several 
counties  of  this  State  are  hereby  authorized  to 
permit  the  toll  road  companies  heretofore  or  which 
may  hereafter  be  organized  under  the  provisions 
of  this  Code,  for  the  purpose  of  constructing  toll 
roads  within  the  mountain  districts  of  this  State, 
to  first  construct  on  the  line  of  their  proposed 
toll  road  a  pack  trail  for  the  accommodation  of 
pack  trains  and  horsemen  and  to  collect  tolls  there- 
on. The  Board  of  Supervisors  shall  fix  the  amount 
of  license  to  be  paid  and  tolls  to  be  collected  on 
such  pack  trail,  and  that  no  such  permit  or  fran- 
chise shall  be  granted  for  a  longer  period  than 
two  years.  [New  section  approved  March  30,  1874; 
Stats.  1873-4,  p.  131.  In  effect  March  30,  1874.] 


EOAD  LAWS.  63 


PUBLIC  FERRIES  AND  TOLL,  BRIDGES. 
General  Provisions,   pp.   63-68. 
Toll  Bridges,  pp.   68-71. 
Toll   Ferries,   pp.    71-73. 

GENERAL  PROVISIONS. 

§  2843.     What  Board  to  grant  authority  to  construct. 

I  2844.     Notice  must  be  proved. 

§  2845.  Duty  of  Board  of  Supervisors  granting  au- 
thority. 

§  2846.     License  tax  and  rate  of  tolls,  how  fixed. 

§  2847.     Report  of  bridge  or  ferry  owner  or  keeper. 

§  2848.     Inquiry  of  the  Board  of  Supervisors  fixing  tolls. 

§  2849.     When  to  direct  license  to  issue. 

§  2850.     Bond,  conditions  and  execution. 

§  2851.     When  bridge  unites  two  counties. 

§  2852.     Supervisors  shall  not  act  if  interested. 

§  2853.  Toll  bridge  or  ferry  within  one  mile  of  another, 
when. 

§  2854.  Owner  of  land  preferred  to  build  bridge  or 
ferry. 

§  2855.  How  lands  are  acquired  for  use  of  bridge  or 
ferry. 

§  2856,     Must  post  rates  of  toll. 

§  2857.     Revenue  derived  from  license,  how  disposed  of. 

§  2858.     To  keep  banks  in  repair. 

§  2843.  When  authority  to  construct  a  toll  bridge, 
or  to  erect  and  keep  a  ferry  over  waters  dividing 
two  counties  is  desired,  application  must  be  made 
to  the  Board  of  Supervisors  of  that  county  situated 
on  the  left  bank  descending  such  bay,  river,  creek, 
slough,  or  arm  of  the  sea. 

132  Cal.  169;   134  Cal.  622;   136  Cal.  49. 

Maintaining  toll  bridge  or  ferry  without  author- 
ity is  misdemeanor:  Penal  Code,  Sec.  386. 

Power  of  Supervisors  to  license  ferries:  See  Sec. 
4041,  sub.  32. 

§  2844.  The  Board  of  Supervisors  must  not  grant 
authority  to  construct  or  erect  a  toll  bridge  or 
ferry  until  the  notice  of  such  intended  applica- 
tion has  been  given  as  respectively  required  in 
Articles  II  and  III  of  this  chapter. 

[Arts.  II  and  III  referred  to  include  Sections  2870- 
2895,  post.] 


64  EOAD  LAWS. 

§  2845.  The  Board  of  Supervisors  granting  au- 
thority to  construct  a  toll  bridge  or  to  keep  a  pub- 
lic ferry,  must  at  the  same  time: 

1.  Fix  the  amount  of  a  penal  bond  to  be  given 
by    the    person    or    corporation    owning    or    taking 
tolls  on  the  bridge  or  ferry  for  the  benefit  of  the 
county,    and    all    persons    crossing    or    desiring    to 
cross  the  same,  and  provide  for  the  annual  renewal 
thereof. 

2.  Fix  the  amount  of  license  tax  to  be  paid  by 
the  person  or  corporation  for  taking  tolls  thereon, 
not  less   than   three  nor  over   one   hundred   dollars 
per  month,  payable  annually. 

3.  Fix  the  rate  of  tolls  which  may  be  collected 
for  crossing   the   bridge   or  ferry,   which   must  not 
raise    annually    an    income    exceeding    fifteen    per 
cent  on  the  actual  cost  of  the  construction  or  erec- 
tion  and   maintenance    of   the   bridge   or  ferry   for 
the  first  year,  nor  on  the  fair  cash  value,  together 
with  the  repairs  and  maintenance  thereof  for  any 
succeeding  year. 

4.  Make  all  necessary  orders  relative  to  the  con- 
struction,   erection,    and   business    of    licensed    toll 
bridges    or   ferries    which    they    have    by   law    the 
power   to    make.      The   Board   of   Supervisors   may, 
at   any   time   they  see  fit,   authorize   and   maintain 
fords  across  any  water  within  any  distance  of  any 
licensed  toll  bridge  or  ferry. 

§2846.  The  license  tax  and  rate  of  toll  fixed 
as  provided  in  the  preceding  section  must  not  be 
increased  or  diminished  during  the  term  of  twenty 
years,  at  any  time,  unless  it  is  shown  to  the  satis- 
faction of  the  Board  of  Supervisors  that  the  re- 
ceipts from  tolls  in  any  one  year  is  disproportion- 
ate to  the  cost  of  construction  or  erection,  or  the 
fair  cash  value  thereof,  together  with  the  cost  of 
all  necessary  repairs  and  maintenance  of  the 
bridge  or  ferry.  The  license  tax  fixed  by  the 


KOAD  LAWS.  65 

Board  of  Supervisors  must  not  exceed  ten  per  cent 
of  the  tolls  annually  collected. 

§  2847.  Every  owner  or  keeper  of  a  toll  bridge 
or  ferry  must  report  annually  to  the  Board  of  Su- 
pervisors from  which  his  license  is  obtained,  under 
oath,  the  following  facts: 

1.  The    actual   cost   of   the   construction   or   erec- 
tion, and  equipment  of  the  toll  bridge  or  ferry. 

2.  The   repairs  made   during  the  preceding  year, 
and  the  actual  cost  thereof. 

3.  The  expense  of  labor  and  hire  of  agents,  and 
other  costs  necessarily  incurred  in   and  about   the 
conduct  of  their  business. 

4.  The  amount  of  tolls  collected;  and 

5.  The  estimated  actual  cash  value  of  the  bridge 
or  ferry,  exclusive  of  the  franchise. 

§  2848.  Whenever  the  Board  of  Supervisors  are 
about  to  fix  the  license  tax  and  rate  of  tolls  on 
a  bridge  or  ferry  they  must  make  inquiry  into  the 
present  actual  cash  value  and  the  cost  of  all  nec- 
essary repairs  and  maintenance  thereof,  and  for 
that  purpose  may  examine,  under  oath,  the  owner 
or  keeper  of  the  same,  and  other  witnesses,  and 
the  assessed  value  of  the  bridge  or  ferry  on  the 
assessment  roll  of  the  county.  When  the  estimate 
of  the  Board  is  made,  if  the  same  is  not  agreed  to 
by  the  owner  or  keeper  of  the  bridge  or  ferry,  the 
same  must  be  fixed  by  three  Commissioners,  one 
to  be  appointed  by  the  Board  of  Supervisors,  one 
by  the  owner  and  keeper,  and  the  third  by  the 
County  Judge,  who  must  hear  testimony  and  fix 
such  value  and  cost  according  to  the  facts,  and  re- 
port the  same  to  the  Board  of  Supervisors  under 
oath.  In  all  estimates  of  the  fair  cash  value  of 
the  bridge  or  ferry  the  value  of  the  franchise  must 
not  be  taken  into  consideration. 

§  2849.  When  the  cost  of  construction  or  erec- 
tion and  equipment  of  the  bridge  or  ferry,  or  the 


66  ROAD  LAWS. 

fair  cash  value  thereof,  together  with  the  cost  of 
needed  repairs,  and  the  conduct  and  maintenance 
of  the  same,  is  ascertained  and  fixed  for  the  pre- 
ceding year,  the  Board  must,  on  such  ascertained 
amount,  fix  the  annual  license  tax  rate  of  tolls, 
and  the  amount  of  the  penal  bond,  and  direct  a 
license  to  be  issued  by  the  Clerk. 

Licenses  generally:     See  sec.  3378,  Pol.  C. 

§  2850.  The  bond  required  of  the  owner  or 
keeper  of  the  toll  bridge  or  ferry  must  be  in  the 
sum  fixed  by  the  Board  of  Supervisors,  with  one  or 
more  sureties,  and  conditioned  that  the  toll  bridge 
or  ferry  will  be  kept  in  good  repair  and  condition, 
and  that  the  keeper  will  faithfully  comply  with  the 
laws  of  the  State  and  all  legal  orders  of  the  Board 
of  Supervisors  regulating  the  same,  and  pay  all 
damages  recovered  against  him  by  any  person  in- 
jured or  damaged  by  reason  of  delay  at  or  defect 
in  such  bridge  or  ferry,  or  in  any  manner  result- 
ing from  a  noncompliance  with  the  laws  or  lawful 
orders  regulating  the  same.  The  bond  must  be 
approved  by  the  President  and  filed  with  the  Clerk 
of  the  Board  of  Supervisors. 

Violating  conditions  of  undertaking  to  keep 
ferry,  is  misdemeanor:  Penal  Code,  sec.  387. 

§  2851.  The  license  tax  for  a  ferry  or  bridge 
connecting  two  counties  must  be  paid  to  the 
Treasurer  of  the  county  granting  it,  and  the 
license  issued  by  the  Auditor  thereof;  but  the 
Treasurer  of  such  county  must  pay  to  the  Treasury 
of  the  county  in  which  the  other  end  or  landing  of 
the  bridge  or  ferry  is  located  one-half  the  sum  so 
received  annually,  or  the  Auditor  may  issue  the 
license  on  filing  with  him  receipts  for  their  respec- 
tive halves  of  the  tax  taken  from  the  Treasurer 
of  each  of  the  two  counties. 

§  2852.  When  a  Supervisor  is  interested  in  an 
application  to  erect,  construct,  or  take  tolls,  or 


ROAD  LAWS.  67 

alter  tolls  on  a  bridge  or  ferry,  he  shall  not  act 
in  any  of  such  matters.  [Amendment  approved 
April  3,  1880;  Stats.  1880,  p.  23.  In  effect  April 
3,  1880.] 

§  2853.  No  toll  bridge  or  ferry  must  be  estab- 
lished within  one  mile  immediately  above  or  be- 
low a  regularly  established  ferry  or  toll  bridge, 
unless  the  situation  of  a  town  or  village,  the  cross- 
ing of  a  public  highway,  or  the  intersection  of 
some  creek  or  ravine  renders  it  necessary  for  pub- 
lic convenience.  In  addition  to  the  public  notice 
hereinafter  required,  notice  of  intention  to  apply 
for  authority  to  erect  a  toll  bridge  or  ferry,  as  in 
this  section  provided,  must  be  served  upon  the 
proprietor  of  the  ferry  or  toll  bridge  already  es- 
tablished at  least  ten  days  prior  thereto,  giving 
the  time  and  place  and  grounds  of  such  applica- 
tion. 

114  Cal.  496;   134  Cal.  58. 

§  2854,  The  owner  of  land  on  either  side  of  the 
waters  to  be  crossed,  and  the  owner  of  the  land 
on  the  left  bank  descending  over  the  owner  of 
land  on  the  right  bank,  is  entitled  to  preference 
in  procuring  authority  to  construct  a  bridge  or 
ferry;  but  where  such  owner  fails  or  neglects  to 
apply  for  such  authority  within  a  reasonable  time 
after  the  necessity  therefor  arises,  the  Board  of 
Supervisors  may  grant  such  authority  to  another. 

§  2855.  When  there  are  lands  necessary  for  the 
construction,  erection,  or  use  of  such  bridge  or 
ferry  which  cannot  be  procured  by  agreement  be- 
tween the  owner  or  corporation  and  the  land- 
owner, the  right  of  way  and  all  other  lands  neces- 
sary for  the  use  and  construction  or  erection  there- 
of may  be  acquired  by  condemnation. 

§  2856.  Every  licensed  toll  bridge  or  ferry  must 
have  the  rates  of  toll  as  fixed  by  the  Board  of  Su- 


68  EGAD  LAWS. 

pervisors,    printed    or   written,    posted   up   in    some 
conspicuous  place  on  or  near  the  bridge   or  ferry. 

§  2857.  The  proceeds  of  the  license  tax  on  fer- 
ries and  toll  bridges  must  be  paid  into  the  County 
Treasury  for  the  use  of  roads  and  highways,  or 
may  be  used  by  the  Board  of  Supervisors  at  any 
time  in  the  purchase  of  toll  roads  and  toll  bridges. 

§  2858.  All  ferry  and  toll  bridge  keepers  must 
keep  the  banks  of  the  streams  or  waters  at  the 
landings  of  their  ferries  or  bridges  graded  and  in 
good  order  for  the  passage  of  vehicles.  For  every 
day  compliance  herewith  is  neglected  twenty-five 
dollars  is  forfeited,  to  be  collected  for  the  use  of 
the  Eoad  Fund  of  the  county. 


TOLL   BRIDGES. 

§  2870.  Application  for  leave  to  construct. 

§  2871.  Hearing  application. 

§  2872.  Action  of  the  Board  of  Supervisors. 

§  2873.  What  the  Board  of  Supervisors  may  require. 

§  2874.  Use  of  highways. 

§  2875.  How  constructed  over  navigable  waters. 

§  2876.  Supervisors  may  regulate. 

§  2877.  Channel   of   streams   navigable   by  rafts   to   be 

kept  clear. 

§  2878.  Completion  of  bridge,  rate  of  toll,  and  license 

tax. 

§  2879.  Persons  exempt. 

§  2880.  Penalty  for  avoiding  tolls. 

§  2881.  County  may  purchase  toll  bridge. 

§  2870.  Every  applicant  for  authority  to  con- 
struct a  toll  bridge  must  publish  a  notice  in  at 
least  one  newspaper  in  each  county  in  which  the 
bridge  or  any  part  of  it  is  to  be,  or  if  no  paper  is 
published  therein,  in  an  adjoining  county,  once 
in  each  week,  for  six  successive  weeks,  specifying 
the  location,  the  length,  and  breadth  of  the  bridge, 
and  the  time  at  which  the  application  hereinafter 
required  will  be  made.  After  notice  is  given,  ap- 
plication must  be  made  to  the  Board  of  Super- 


EOAD  LAWS.  69 

visors  of  the  proper  county,  at  any  meeting  speci- 
fied in  the  notice,  for  authority  to  construct  it. 

§  2871.  On  the  hearing,  any  person  may  ap- 
pear and  be  heard,  the  Board  may  take  testimony 
or  authorize  it  to  be  taken  by  any  judicial  officer 
of  the  county;  and  it  may  adjourn  the  hearing  from 
time  to  time.  A  copy  of  the  articles  of  incor- 
poration, certified  by  the  Secretary  of  State,  or  by 
the  Clerk  where  they  are  filed,  must  be  attached 
to  and  filed  with  the  application  if  made  by  a  cor- 
poration. 

§  2872.  If  the  Board  are  of  opinion  that  the 
public  interests  will  be  promoted  thereby,  it  may, 
by  the  assent  of  a  majority  of  all  the  members  of 
the  Board,  grant  the  application  by  an  order  en- 
tered in  its  minutes,  and  particularly  describing 
the  bridge.  The  applicant  must  cause  a  certified 
copy  of  the  order,  with  a  copy  of  the  application, 
to  be  recorded  in  the  office  of  the  Clerk  of  the 
county  before  proceeding  under  it;  provided,  that 
the  Board  of  Supervisors  shall  not  have  power  to 
license  bridges  across  the  Sacramento  or  San  Joa- 
quin  rivers,  the  Suisun  bay,  or  Carquinez  straits, 
the  Petaiuma,  Napa  or  Sonoma  creeks,  except  at 
points  above  the  head  of  navigation  on  said 
streams.  [Amendment  approved  March  14,  1878; 
Stats.  1877-8,  p.  52.  In  effect  March  14,  1878.] 

123  Cal.  180,  181. 

§  2873.  The  Board  of  Supervisors  may,  at  the 
time  of  granting  authority  to  construct  a  toll 
bridge,  or  order,  require  the  bridge  to  be  con- 
structed within  a  certain  time,  to  be  of  a  certain 
width,  character,  or  description,  and  to  be  con- 
structed of  certain  materials,  which  order  must  be 
complied  with  by  the  owner  or  corporation  con- 
structing the  same  before  license  to  take  tolls  is 
issued. 


70  KOAD  LAWS. 

§  2874.  The  corporation  or  bridge  owner  may 
use,  in  Much  manner  as  prescribed  by  the  Board, 
so  much  of  any  public  road  on  either  side  of  the 
stream  or  waters  as  may  be  necessary  for  con- 
structing and  maintaining  the  bridge  and  toll 
houses. 

123  Cal.  181. 

§  2875.  All  bridges  constructed  under  this  chap- 
ter crossing  navigable  streams  must  be  so  con- 
structed as  not  to  obstruct  navigation,  and  must 
have  a  draw  or  swing  of  sufficient  space  or  span 
to  permit  the  safe,  convenient  and  expeditious 
passage  at  all  times  of  any  steamer,  vessel,  or  raft 
which  may  navigate  the  stream  or  water  bridged. 

79   Cal/348. 

§  2876.  The  Board  of  Supervisors  may,  by  or- 
der, regulate  and  govern  the  amount  of  weight 
and  number  of  animals  that  may  be  driven  on  to 
a  toll  bridge  at  any  one  time,  and  prescribe  rules 
for  the  government  of  the  draws  or  swings  and 
attendance  of  the  same,  and  prescribe  penalties  for 
disobedience  of  such  rules. 

§  2877.  Any  one  bridging  a  stream  navigated 
or  navigable  must  at  all  times  keep  the  channel 
above  and  below  the  bridge  clear  from  all  deposits 
occasioned  by  its  erection  and  prejudicial  to  such 
navigation,  and  is  liable  to  pay  to  all  persons  un- 
reasonably hindered  or  delayed  in  passing  such 
bridge  with  rafts  or  vessels  all  damages  sustained 
thereby. 

§  2878.  Every  bridge  erected  under  these  pro- 
visions must  have  good  and  substantial  railings  or 
sidings,  at  least  four  and  a  half  feet  high.  When 
a  bridge  is  completed,  and  a  certificate  that  it  is 
so,  and  is  safe  and  convenient  for  the  public  use, 
is  signed  by  the  Commissioner  of  Highways,  or 
President  of  the  Board  of  Supervisors,  and  filed 


ROAD  LAWS.  71 

in  the  County  Clerk's  office  in  the  county  or  coun- 
ties in  which  it  is  located,  the  Directors  or  owner 
may  erect  a  toll  gate  at  such  bridge  and  require 
such  tolls  as  the  Board  of  Supervisors  of  the  county 
or  counties  from  time  to  time  prescribe.  A  license 
therefor  must  be  issiied  by  the  Auditor  of  the 
county  on  giving  the  necessary  bond  and  paying  the 
license  tax  fixed  therefor. 

§  2879.  Any  person  going  to  or  from  a  funeral, 
school,  performing  highway  labor,  or  attending  a 
military  parade,  or  Court  which  by  law  he  is  re- 
quired to  attend  as  a  witness  in  a  criminal  case, 
is  exempt  from  the  payment  of  tolls. 

Person  not  exempt — evading  toll,  fine  against: 
Penal  Code,  sec.  389. 

§  2880.  Any  person  liable  to  pay  toll  forcibly 
or  fraudulently  passing  the  gate  of  a  toll  bridge 
without  paying  the  toll  is  liable  to  a  penalty  of 
ten  dollars  in  addition  to  the  damages  caused,  to 
be  recovered  by  the  owner. 

Passing  gate  of  toll  bridge  and  evading  pay- 
ment, fine  for:  Penal  Code,  see.  389. 

§  2881.  Within  the  same  time,  in  like  manner, 
and  to  the  same  effect  that  toll  roads  are  purchased, 
under  the  provisions  of  sections  2802  and  2803, 
the  county  or  counties,  jointly  acting,  in  which 
the  same  is  situated,  may  purchase  a  toll  bridge 
constructed  under  the  provisions  of  this  chapter. 


TOLL,  FERRIES. 

§  2892.     Application  for  leave  to  erect,  and  notice. 
§  2893.     Duty  of  the  Board  of  Supervisors. 
§  2894.     Powers  of  the  Board  of  Supervisors. 
§  2895.     Penalties,  how  disposed  of. 
§  25-96,     Municipal   ferry  not   affected. 

§  2892.     Every  applicant   for   authority   to   erect 
and  take  tolls  on  a  public  ferry  must  publish  a  no- 


72  ROAD  LAWS. 

tice  in  at  least  one  newspaper  in  each  county  in 
which  the  ferry  is  or  touches,  or  if  there  is  no 
newspaper  published  therein,  then  in  one  pub- 
lished in  an  adjoining  county,  and  by  posting 
three  notices  in  three  public  places  in  the  town- 
ship for  four  successive  weeks,  specifying  the  loca- 
tion and  the  time  and  place  when  and  where  the 
application  will  be  made.  After  notice  is  given 
application  must  be  made  in  writing,  under  oath, 
to  the  Board  of  Supervisors  of  the  proper  county, 
the  landings  of  the  proposed  ferry  must  be  de- 
scribed, and  the  names  of  the  owners  thereof  given, 
if  known;  and  if  the  applicant  is  not  the  owner 
of  the  land,  that  notice  of  the  application  has 
been  served  on  the  owner  thereof  at  least  ten  days 
prior  to  the  application. 

§  2893.  At  the  hearing,  proof  of  giving  the  no- 
tice, as  required  by  the  preceding  section,  must  be 
made,  and  any  person  may  appear  and  contest 
the  application.  If  the  Board  finds  that  the  ferry 
is  either  a  public  necessity  or  convenience,  and 
that  the  applicant  is  a  suitable  person,  and  by 
reason  of  ownership  of  the  landing  or  failure  of 
the  owner  thereof  to  apply  is  entitled  thereto,  au- 
thority to  erect  and  take  tolls  on  the  ferry  may  be 
granted  to  him  for  the  term  of  twenty  years. 

134  Cal.  625. 

§  2894.  The  Board  of  Supervisors  may  make  all 
needful  rules  and  regulations  for  the  government 
of  ferries  and  ferry  keepers,  prescribing: 

1.  How  many  boats  must  be  kept,  their  charac- 
ter, and  how  propelled; 

2.  The  number  of  hands,  boatmen,  or  ferrymen 
to  be  employed,  and  rules  for  their  government; 

3.  How  many  trips  to  be  made  daily; 

4.  When  and  under  what  circumstances  to  make 
trips  in  the  night-time; 


ROAD  LAWS.  73 

5.  Who  may  be  ferried  free  of  toll; 

6.  In  what  cases  of  danger  or  peril  not  to  cross; 

7.  Penalties  for  violation  of  regulations; 

8.  In  case  of  steamboats,  the  rate  of  speed; 

9.  The  method  of  and  preference  in  loading  and 
crossing;  and 

10.  How  and  by  whom  action   must  be  brought 
to  recover  penalties. 

§  2895.  Penalties  recovered  under  this  article 
must  be  paid  to  the  County  Treasury  for  the  use 
of  the  General  Eoad  Fund  of  the  county. 

§  2896.  The  provisions  of  article  I  and  of  ar- 
ticle III  of  this  chapter  shall  not  apply  to  or  affect 
any  ferry  owned  or  operated  as  a  municipal  ferry 
by  any  city  and  county,  or  incorporated  city  or 
town  in  this  state,  over  waters  situated  in  whole 
or  in  part  within  the  limit  of  such  city  and  county, 
incorporated  city  or  town.  [New  section  approved 
April  10,  1911;  in  effect  immediately.] 

[Articles  I  and  III  here  referred  to  include  sec- 
tions 2843-2858,  and  sections  2892-2895  ante.] 


WHARVES,  CHUTES,  AND  PIERS. 

§  2906.  Board  of  Supervisors  to  authorize  construction. 

§  2907.  Application,  what  to  contain  and  how  made. 

§  2908.  Petition  relative  to  lands  not  owned  by  appli- 
cant. 

§  2909.  Notice  served  on  non-residents. 

§  2910.  Board  to  hear  proof,  and  may  grant  authority. 

§  2911.  Overflowed  or  tide  lands  granted. 

§  2912.  One  hundred  and  fifty  feet  on  each  side  of 
wharf,  etc. 

§  2913.  How  to  obtain  use  of  lands. 

§  2914.  Dimensions  of  wharves,  etc. 

§  2915.  Franchise,  what  to  constitute. 

§  2916.  Board  of  Supervisors  to  fix  rate  of  tolls,  etc. 

!2917.  License,  and  the  tax  for. 

2918.  To  keep  in  good  repair. 

2919.  Restrictions  on  granting  authority. 

2920.  Cities  and  towns  exempted  and  authorized. 
2921.     Granting  railroad   right  to   construct. 


74  ROAD  LAWS. 

§  2906.  The  Boards  of  Supervisors  of  every 
county  in  this  State  may  grant  authority  to  any 
person  or  corporation  to  construct  a  wharf,  chute, 
or  pier,  on  any  lands  bordering  on  any  navigable 
bay,  lake,  inlet,  creek,  slough,  or  arm  of  the  sea, 
situate  in  or  bounding  their  counties  respectively, 
with  a  license  to  take  tolls  for  the  use  of  the  same 
for  the  term  of  twenty  years. 

§  2907.  Application  therefor  must  be  made  by 
publishing  notice  as  required  in  section  2892,  and 
filing  a  petition  in  writing,  containing: 

1.  The  name  and  residence  of  the  applicant;  and 
if  a  corporation  a  certified  copy  of  the  articles  of 
incorporation; 

2.  A  map  of  the  waters,  and  the  name  and  loca- 
tion thereof,  and  of  the  adjoining  lands; 

3.  A  plan  of  the  wharf,  chute,  or  pier  proposed 
to    be    constructed,   and   of   the    land   within   three 
hundred  feet  thereof; 

4.  The   names   of   the   owners   of   the   lands,   and 
the  quantity  thereof  sought  to  be  used,  and  wheth- 
er the  right  to  use  the  same  is  or  is  to  be  acquired 
by  the  applicant; 

5.  The    distance    it    is    proposed    to    extend    the 
wharf,  chute,  or  pier  into  the  waters; 

6.  The  estimated  cost  of  the  construction  of  the 
wharf,    chute,    or   pier;    and, 

7.  The  time  when  the  application  will  be  made. 

§  2908.  When  any  lands  are  sought  to  be  ap- 
propriated and  used  for  a  wharf,  chute,  or  pier,  of 
which  the  applicant  is  not  the  owner,  or  the  right 
of  way  and  use  thereof  has  not  been  obtained  by 
agreement,  these  facts  and  the  particular  descrip- 
tion of  such  land  must  be  set  forth  in  the  petition 
of  the  applicant,  and  a  copy  of  the  notice  of  appli- 
cation must  be  served  on  the  owner  thereof  by 
the  Sheriff  of  the  county,  whose  official  return  is 
conclusive  evidence  of  service,  at  least  ten  days 


EOAD  LAWS.  75 


prior  to  the  appointed  day  set  for  the  hearing. of 
the  same. 

§  2909.  When  the  owner  of  the  land  is  a  non-res- 
ident of  the  county,  it  is  service  of  notice  for  the 
sheriff  to  leave  a  copy  with  the  occupant  or  agent 
of  the  owner;  if  none,  then  to  place  a  copy  in  the 
Post  Office  addressed  to  the  owner,  thirty  days 
prior  to  the  day  set  for  the  hearing.  If  the  own- 
er is  a  minor,  insane,  idiot,  or  decedent,  notice 
must  be  served  on  the  guardian,  administrator,  or 
other  legal  representative  of  such  person. 

§  2910.  On  the  day  named  in  the  notice,  or  to 
which  the  hearing  is  adjourned,  the  Board  of  Su- 
pervisors must  hear  proof  of  publication  and  ser- 
vice of  notice;  if  satisfactory,  the  Board  must  hear 
the  allegations  of  the  petition  and  any  objections  to 
the  granting  of  the  application  and  proofs  in  sup- 
port of  each.  If  from  the  proofs  it  appears  that 
the  public  good  or  convenience  will  be  promoted 
thereby,  the  Board  of  Supervisors  may  grant  to 
the  applicant  the  right  to  erect  or  construct  a 
wharf,  chute,  or  pier,  as  prayed  for,  and  to  take 
tolls  for  the  use  of  the  same  for  the  term  of  twen- 
ty years. 

§  2911.  The  grant  of  authority  made  by  the 
Board  of  Supervisors,  as  provided  in  the  preced- 
ing section,  conveys  to  the  grantee  or  applicant  the 
right  of  way  and  all  necessary  use  for  the  pur- 
poses of  the  wharf,  chute,  or  pier,  of  any  of  the 
overflowed,  submerged,  or  tide  lands  belonging  to 
the  State,  particularly  describing  the  quantity 
thereof  in  the  order,  as  also  the  right  of  way  over 
any  swamp,  overflowed,  marsh,  or  tide  lands  lying 
between  the  wharf,  chute,  or  pier  and  high  or  drv 
land,  fifty  feet  in  width,  for  twenty  years. 

§  2912.  The  grant  of  authority  herein  provided 
for  carries  with  it  the  right  to  have  unincumbered 


76  EOAD  LAWS. 

and  unobstructed  the  land  and  water  on  each  side 
of  the  wharf,  chute,  or  pier,  from  high  water  mark 
to  navigable  water,  a  distance  of  one  hundred  and 
fifty  feet,  for  the  convenience  of  landing,  loading, 
and  unloading  vessels,  but  for  no  other  purpose. 

§  2913.  Authority  to  construct  a  wharf,  chute, 
or  pier,  being  granted,  the  grantee  or  applicant 
may  procure  from  the  owner  the  right  of  way  and 
other  necessary  incidental  use  for  the  wharf,  chute, 
or  pier,  of  any  of  his  lands,  by  proceedings  had  un- 
der title  VII,  part  III,  of  the  Code  of  Civil  Proced- 
ure. Until  such  use  of  the  lands  held  adversely  .s 
obtained  by  agreement,  or  by  the  proceedings 
hereinbefore  mentioned,  there  is  no  authority  to 
construct  a  wharf,  chute,  or  pier,  or  to  take  tolls 
thereon. 

57  Cal.  204. 

§  2914,  The  wharf,  chute,  or  pier  must  not  be 
of  a  greater  width  than  seventy-five  (75)  feet,  and 
may  extend  to  nagivable  water;  provided,  that  a 
wharf  constructed  upon  any  of  the  navigable  riv- 
ers, straits,  sloughs,  and  inlets  in  this  State  may 
extend  along  the  shores  for  a  distance  not  exceed- 
ing one  thousand  feet,  but  in  no  case  shall  any 
wharf,  chute,  or  pier  extend  into  the  water  so  far 
as  to  obstruct  the  free  navigation  of  the  water 
on  which  the  same  is  situated;  provided,  this 
Act  shall  not  apply  to  the  water  fronts  of  incorpo- 
rated cities  and  towns.  [Amendment,  approved 
April  16,  1880;  Stats.  1880,  p.  66.  In  effect  April 
16,  1880.] 

§  2915.  The  orders  granting  authority,  and 
agreements,  contracts,  deeds,  and  decrees  of 
Courts  granting  the  right  of  way  and  other  use  of 
lands,  must  be  filed  and  recorded  in  the  office  of 
the  Recorder  of  the  county  where  the  wharf, 
chute,  or  pier  is  situate,  and  constitutes  the  fran- 
chise of  the  applicant.  The  fees  of  the  Eecorder, 


EOAD  LAWS.  77 

as  also  the  fees  of  the  Clerk,  Sheriff,  and  other 
officers,  for  services  rendered,  must  be  paid  by  the 
applicant. 

§  2916.  The  Board  of  Supervisors  must  fix  the 
rate  of  tolls  or  wharfage  for  the  use  of  the  wharf, 
chute,  or  pier,  annually,  which  must  not  produce 
an  income  of  less  than  fifteen  per  cent  per  an- 
num, nor  more  than  twenty-five  per  cent  per  an- 
num on  the  fair  cash  value  of  the  wharf,  chute,  or 
pier,  and  on  the  cost  of  repair  and  maintenance 
thereof,  exclusive  of  the  amount  paid  for  license 
imposed  by  the  next  section;  such  value  and  cost 
of  repair  and  maintenance  to  be  fixed  by  the  Board 
of  Supervisors  when  levying  the  rates  of  tolls  or 
wharfage,  by  hearing  evidence  and  examining  the 
assessment  rolls  of  the  county.  When  fixed,  the 
rates  must  be  furnished  the  owner,  and  a  printed 
or  written  copy  thereof  conspicuously  posted  on 
the  wharf,  chute,  or  pier.  [Amendment  approved 
March  24,  1876;  Stats.  1875-6,  p.  52.  In  effect 
March  24,  1876.] 

§  2917.  When  the  wharf,  chute,  or  pier  is  com- 
pleted, and  the  tolls  or  wharfage  fixed,  the  owner 
is  entitled  to  a  license  to  take  the  tolls  thereon  for 
the  term  of  one  year,  to  be  issued  by  the  County 
Auditor  on  the  payment  of  such  license  tax  as  the 
Board  of  Supervisors  may  fix,  which,  except  that  for 
the  first  year,  must  not  be  more  than  ten  per  cent  of 
the  gross  receipts  for  tolls  or  wharfage  for  the  pre- 
vious year,  to  be  paid  to  the  County  Treasurer  for 
general  road  purposes. 

§  2918.  Any  owner  or  keeper  of  a  wharf,  chute,  or 
pier,  who  takes  toll  or  wharfage  for  the  use  of  the 
same  when  not  in  good  repair,  or  is  unsafe  or  dan- 
gerous, forfeits  the  sum  of  twenty-five  dollars,  to  be 
recovered  by  order  of  the  Board  of  Supervisors 
granting  authority  to  construct  it,  for  the  use  of  the 


78  ROAD  LAWS. 

General  Road  Fund  of  the  county,  and  is  liable  for 
all  damages  occasioned  thereby. 

§  2919.  No  authority  must  be  granted  under  this 
chapter  to  interfere  with  vested  rights,  nor  to  inter- 
fere with  or  infringe  grants  heretofore  made  by 
State  authority;  nor  does  authority  to  construct  a 
wharf,  chute,  or  pier,  continue  for  a  longer  period 
than  two  years,  unless  the  same  is  within  that  time 
completed. 

67  Cal.  545;  146  Cal.  397. 

§  2920.  The  lands  of  the  State  situate  in  the  City 
and  County  of  San  Francisco,  and  those  otherwise 
disposed  of  or  situate  within  the  limits  of  any  incor- 
porated town  or  city  of  this  State,  are  excluded  from 
the  provisions  of  this  chapter.  The  municipal  au- 
thorities of  any  incorporated  city  or  town  other 
than  San  Francisco  may  grant  authority  to  con- 
struct wharves,  chutes,  and  piers,  as  is  herein  pro- 
vided, for  the  Board  of  Supervisors. 

60  Cal.  347. 

§  2921.  Boards  of  supervisors  of  counties  in  this 
State  may  grant  to  any  railroad  corporation  author- 
ity to  construct  a  wharf  or  pier  on  or  in  front  of 
any  lands  owned  by  it  bordering  on  any  navigable 
bay,  inlet,  lake,  creek,  slough,  or  arm  of  the  sea 
situate  in  or  bounding  their  counties,  with  a  license 
to  take  tolls  for  the  use  of  the  same  for  the  term  of 
the  corporate  existence  of  the  said  railroad  corpora- 
tions, not  exceeding  fifty  years,  whenever  such 
board  finds  the  use  of  said  wharf  or  pier  necessary 
to  the  exercise  of  the  franchise  of  such  railroad  cor- 
poration for  terminal  purposes,  and  the  same  may 
be  granted  without  offering  the  same  for  sale. 
Nothing  contained  in  this  chapter  shall  be  con- 
strued to  limit  the  powers  of  such  boards  to  grant 
the  right  to  such  railroad  corporations  to  build  and 
construct  for  terminal  purposes  on  and  in  front  of 
any  lands  owned  by  it  any  wharf  or  pier  of  the 


EOAD  LAWS.  79 

width  necessary  for  the  carrying  on  of  the  business 
of  such  railroad  at  -such  terminal,  not  to  exceed  one 
thousand  (1,000)  feet,  and  to  the  length  that  it 
may  be  desirable  to  construct  the  same,  so  that  it 
may  not  prevent  the  navigation  by  boats  and  ves- 
sels of  such  navigable  bay,  inlet,  lake,  creek,  slough, 
or  arm  of  the  sea;  provided,  that  there  shall  be  ex- 
cluded from  the  operation  of  this  section  any  and 
all  territory  and  property  under  the  jurisdiction  or 
control  of  any  incorporated  city  or  town  or  any 
board  of  State  harbor  commissioners.  All  the  pro- 
visions of  this  chapter  not  in  conflict  with  anything 
in  this  section  contained  are  hereby  made  applicable 
to  all  proceedings  had  under  this  section.  [New 
section  approved  March  22,  1899.  In  effect  imme- 
diately.] 


MISCELLANEOUS      PROVISIONS      RELATING      TO 

PUBLIC   WAYS. 
§  2931.     Laws  of  the  highway. 
§  2932.     Driver  addicted  to  intoxication. 
§  2933.     Notice  to  employer  of  driver's  intoxication. 
§  2934.     Horses  to  be  fastened  while  standing. 
§  2935.     Penalties,  how  and  by  whom  recovered. 
§  2936.     Liability    of    owners    for    damages    done    by 

drivers. 

§  2937.     Exceptions  to  preceding  sections. 
§  2938.     Protection  of  bridges. 

§  2931.  When  vehicles  meet,  the  drivers  of 
each  must  turn  seasonably  to  the  right  of  the  cen- 
ter of  the  highway,  so  as  to  pass  without  interfer- 
ence, under  a  penalty  of  twenty-five  dollars  for 
every  neglect,  to  be  recovered  by  the  party  in- 
jured. Where  the  whole  breadth  of  a  roadway  is 
not  worked,  the  center  of  the  worked  part  is  to  be 
deemed  the  center  of  the  highway.  In  time  of 
snow,  where  there  is  a  beaten  track,  the  center  of 
that  is  to  be  deemed  the  center  of  the  highway. 
But  this  section  does  not  apply  to  vehicles  meet- 
ing cars  running  on  rails  or  grooved  tracks. 

134  Cal.  164;  6  Cal.  App.  674;  7  Cal.  App.  477. 


80  EOAD  LAWS. 

§  2932.  No  person  must  employ  to  drive  any 
vehicle  for  the  conveyance  of  passengers  upon  any 
public  highway,  a  person  addicted  to  drunkenness, 
under  penalty  of  five  dollars  for  every  day  such 
person  is  in  his  employment. 

§  2933.  If  any  driver,  whilst  actually  employed 
in  driving  any  such  vehicle,  is  intoxicated  to  .such 
a  degree  as  to  endanger  the  safety  of  his  pas- 
sengers, the  owners,  on  receiving  from  any  such 
passenger  a  written  notice  of  the  fact,  verified  by 
his  oath,  must  forthwith  discharge  such  driver; 
and  if  he  has  such  driver  in  his  service  within  six 
months  after  such  notice  he  incurs  a  like  penalty. 

Intoxication  of  certain  employees:  See  Penal 
Code,  sec.  391. 

§  2934.  The  driver  of  any  vehicle  used  to  con- 
vey passengers  must  not  leave  the  horses  attached 
thereto  while  passengers  remain  in  the  same, 
without  first  securely  fastening  the  horses  or  plac- 
ing the  lines  in  the  hands  of  some  other  person, 
so  as  to  prevent  their  running,  under  a  penalty  of 
twenty  dollars  for  each  offense. 

§  2935.  The  penalties  provided  by  the  three  pre- 
ceding sections  are  to  be  recovered  by  the  Dis- 
trict Attorney  of  the  county  in  which  the  offender 
resides,  for  the  use  of  the  County  Road  Fund. 
Any  action  for  a  penalty  incurred  under  the  last 
section  must  be  commenced  within  six  months. 

§  2936.  The  owner  of  every  vehicle  running  or 
traveling  upon  any  road  for  the  conveyance  of 
passengers,  is  liable  for  all  damages  to  persons 
or  property  done  by  any  person  in  his  employment 
as  a  driver  while  driving  such  vehicle,  whether 
done  willfully  or  negligently,  or  otherwise,  in  the 
same  manner  as  such  driver  would  be  liable. 


EOAD  LAWS.  81 

§  2937.  Nothing  contained  in  the  six  preced- 
ing sections  must  affect  any  law  concerning  hack- 
ney coaches  or  carriages  in  any  city,  nor  affect 
laws  or  ordinances  of  any  city  for  the  licensing 
or  regulating  such  coaches  or  carriages. 

§  2938.  The  owner  of  any  toll  bridge,  and  any 
plank  road  company  owning  a  bridge  of  not  less 
than  twenty  feet  span,  may  put  up  conspicuously 
at  each  end  of  it  notice  in  these  words  in  large 
characters:  "Five  dollars'  fine  for  riding  or  driv- 
ing on  this  bridge  faster  than  a  walk;77  and  who- 
ever rides  or  drives  faster  than  a  walk  on  such 
bridge  forfeits  to  the  owner  the  sum  of  five  dol- 
lars. 

Fast  driving  or  riding — on  toll  bridges,  fine  for: 
Penal  Code,  sec.  388. 


LICENSES. 
§  3378.     Bridge,  ferry,  wharf,  chute,  or  pier  license. 

§  3378.  Licenses  to  take  tolls  on  bridges,  fer- 
ries, wharves,  chutes,  or  piers  are  fixed  annually 
by  the  Board  of  Supervisors.  The  licenses  there- 
in provided  for  are  issued  by  the  County  Auditor, 
and  must  be  obtained  from  the  Tax  Collector  of  the 
county. 

Toll  bridges  and  ferries:  See  sec.  2843-2895. 
Delinquent  license  tax,  proceedings  to  collect: 
Stats.  1872,  p.  539. 

Wharves,  chutes,  and  piers.  Sees.  2906-2920,  ante. 

Omitting  to  procure  license:  Pen.  Code,  sec.  435. 

ASSESSMENT  OF  PROPERTY 
§  3643.    Ferries  and  toll-bridges,   where  assessed. 

§  3643.  A  ferry-boat  is  a  vessel  traversing 
across  any  of  the  waters  of  the  State,  between 
two  constant  points,  regularly  employed  for  the 


82  ROAD  LAWS. 

transfer  of  passengers  and  freight,  authorized  by 
law,  so  to  do,  and  also  any  boat  employed  as  a 
part  of  a  system  of  a  railroad  for  the  transfer  of 
passengers  and  freight,  plying  at  regular  and  stated 
periods  between  two  points.  Where  ferries  connect 
more  than  one  county,  the  wharves,  store-houses, 
and  all  stationary  property  belonging  to  or  con- 
nected with  such  ferries,  must  be  assessed  and  the 
taxes  paid,  in  the  county  where  located.  The  value 
of  the  franchise,  and  watercraft,  and  of  all  toll 
bridges  connecting  more  than  one  county,  must  be 
assessed  in  equal  proportions  in  the  counties  con- 
nected by  such  ferries  or  toll  bridges.  [Amend- 
ment, approved  March  12,  1885.  In  effect  March 
12,  1885.] 


POWERS    AND    DUTIES    OF    BOARD    OF    SUPER- 
VISORS. 

General  permanent  powers,   pp.   82-88. 
Additional  powers  and  duties,   pp.   88-90. 
Buildings,   p.   90. 
The  Road  Commissioners,  p.  92. 
Miscellaneous   provisions,    pp.    92-93. 


GENERAL   PERMANENT   POWERS. 
§  4041.     General  powers  of  board. 

§  4041.  The  boards  of  supervisors,  in  their  re- 
spective counties,  shall  have  jurisdiction  and  power, 
under  such  limitations  and  restrictions  as  are  pre- 
scribed by  law: 

1.  To  supervise  the  official  conduct  of  all  county 
officers,  and  officers  of  all  districts  and  other  sub- 
divisions of  the  county  charged  with  the  assessing, 
collecting,  safe-keeping,  management,  or  disburse- 
ment of  the  public  revenues;  to  see  that  they  faith- 
fully perform  their  duties,  direct  prosecutions  for 
delinquencies,  and,  when  necessary,  require  them  to 
renew  their  official  bonds,  make  reports  and  pre- 
sent their  books  and  accounts  for  inspection. 


ROAD  LAWS.  83 

2.  To  divide  the  counties  into  townships,  election, 
school,    road,    supervisor,    sanitary,    and    other    dis- 
tricts required  by  law,  change  the  same,  and  create 
others,  as  convenience  requires. 

3.  To    establish,    abolish,    and    change    election 
precincts,    and    to    appoint    inspectors,    clerks    and 
judges    of    election,    canvass    all    election    returns, 
declare   the   result,   and   order   the   county   clerk   to 
issue   certificates  thereof;   but   no   election  precinct 
shall  be  established  or  abolished,  or  the  boundaries 
of  any  precinct  changed,  within  ninety  days  prior 
to  any  election. 

4.  To  lay  out,  maintain,  control,  construct,  repair, 
and  manage  public  roads,  turnpikes,  ferries,  wharves, 
chutes,    and   other    shipping    facilities   and    bridges 
within    the    county,    unless    otherwise    provided   by 
law,  and  to  grant  franchises  and  licenses  to  collect 
tolls  thereon;  provided,  where  the  cost  of  the  con- 
struction   of    any    bridge,    wharf,    chute,    or    other 
shipping    facilities,    or    any    repairs    thereto,    that 
may    be    built    or    repaired    under    the    provisions 
of     this     subdivision     exceeds     the     sum     of     five 
hundred   dollars,   they  must    cause   to   be   prepared 
and    must    adopt    plans    and    specifications,    strain 
sheets,  and  working  details,  and  must  advertise  for 
bids  for  the  construction  of  such  bridge,  wharves, 
chutes,  or  other  shipping  facilities,  unless  otherwise 
provided  by  law,  in  accordance  with  the  plans  and 
specifications    so    adopted.      All    bidders     shall     be 
afforded    opportunity    to    examine    such    plans    and 
specifications,  and  said  board  shall  award  the  con- 
tract to  the  lowest  responsible  bidder,  and  the  plans 
and  specifications  so  adopted  shall  be  attached  to 
and  become  a  part  of  the  contract;  and  the  person 
or    corporation    to   whom   the   contract    is    awarded 
shall  be  required  to  execute  a  bond,  to  be  approved 
by  said  board,  for  the  faithful  performance  of  such 
contract;  provided,  that  after  the  submission  of  the 
bids   as  herein  provided,  the   board  of  supervisors 
being    advised   by    the    county    surveyor    that    the 


84  EGAD  LAWS. 

work  can  be  done  for  a  sum  less  than  the  lowest 
responsible  bid,  it  shall  then  be  their  privilege  to 
reject  all  bids  and  to  order  the  work  done  or 
structure  built  by  day's  work,  under  the  super- 
vision and  control  of  the  said  surveyor;  provided 
further,  that  the  surveyor  in  such  cases  shall  be 
held  personally  responsible  (under  his  official  bond, 
to  construct  or  repair  said  bridge  or  structure)  ac- 
cording to  his  plans  and  specifications,  at  a  cost  not 
to  exceed  the  amount  of  the  lowest  responsible  bid 
received;  provided,  that  the  road  commissioners  or 
road  overseers  in  their  respective  districts  shall  em- 
ploy all  labor  required  and  direct  the  conduct  of 
work  of  any  kind  upon  any  and  all  public  roads; 
provided,  however,  that  where  the  estimated  cost  of 
the  construction  or  repair  of  any  turnpike,  ferry, 
wharf,  chute,  or  other  shipping  facility  or  bridge 
within  the  county  or  any  building  or  other  struc- 
ture of  the  character  referred  to  in  subdivisions 
five  and  eight  of  this  section  or  the  furnishing  there- 
of exceeds  the  sum  of  fifty  thousand  dollars,  the 
board  must  submit  to  the  qualified  electors  of  the 
county  at  the  next  general  election,  the  question 
whether  such  work  shall  be  done,  or  whether  such 
work  shall  not  be  done.  The  question  so  submitted 
shall  contain  a  brief  statement  of  the  work  to  be 
done  and  the  estimated  cost  thereof.  If  a  majority 
of  the  votes  cast  on  such  question  at  such  an  elec- 
tion be  in  favor  of  performing  the  work,  the  board 
shall  have  the  power  to  order  such  work  done  in 
the  manner  provided  by  law;  provided,  however, 
that  when  a  bond  election  is  held,  as  provided  by 
law,  for  any  of  the  aforesaid  purposes  and  said  bond 
election  carries  then  the  board  may  proceed  at  once 
in  accordance  with  law  to  carry  out  the  improve- 
ment or  work  called  for  in  said  bond  election  with- 
out calling  or  holding  the  election  provided  for  in 
this  section;  and,  provided,  further,  that  in  cases 
of  great  emergency,  caused  by  flood,  fire,  earth- 
quake, or  act  of  God  by  the  unanimous  consent  of 
the  whole  board,  they  may  proceed  at  once  to  re- 


KOAD  LAWS.  85 

place  or  repair  any  and  all  bridges  and  structures 
without  such  election  or  notice,  the  work  to  be 
done  by  day  labor  under  direction  of  the  board 
or  by  contract  or  by  a  combination  of  the  two;  it 
wholly  or  in  part  by  contract,  the  contractor  to  be 
paid  actual  cost  of  material  and  labor  expended  by 
him  in  doing  the  work,  plus  15%  to  cover  all 
profit,  supervision,  use  of  machinery  and  tools  and 
other  expenses,  provided  that  no  more  than  the 
lowest  current  market  prices  shall  be  paid  for  ma- 
terial. 


12.  To  levy  taxes  upon  the   taxable  property  of 
their   respective   counties    for   all   county  purposes, 
and  also  upon  the  taxable  property  of  any  district, 
for  the  construction  and  repair  of  roads  and  high- 
ways and  other  district  purposes;  provided,  that  no 
tax  shall  be  levied  upon  any  district  until  the  propo- 
sition to  levy  the  same  has  been  submitted  to  the 
qualified   electors   of  such   district,  and  received  a 
majority    of    all    the    legal    votes    cast    upon    such 
proposition. 

13.  To  acquire  and  take  by  purchase,  condemna- 
tion, or  otherwise,  land  for  the  uses  and  purposes 
of  public  boulevards;  to  lay  out,  establish  and  im- 
prove public  boulevards  and  to  incur  a  bonded  in- 
debtedness for  any  of  such  purposes;  provided,  that 
no  such  indebtedness  shall  be  incurred  for  any  of 
such  purposes  until  after  the  question  of  the  issue 
of  bonds  therefor  shall  have  been  submitted  to  the 
qualified  electors  of  the  county,  at  a  special  election 
called  for  that  purpose  and  two-thirds  of  the  elec- 
tors of  the  county  voting  at  such  election  shall  have 
voted  in  favor  of  issuing  such  bonds;  said  election 
to  be  called  and  held,    and  said  bonds,  if  author- 
ized, to  be   issued,  sold  and  made   payable   in  the 
manner  and  form  prescribed  by  section  four  thou- 
sand  and  eighty-eight   of   this  Code.     Said   boards 
shall    also    have    power   to    maintain    public    boule- 


86  BOAD  LAWS. 

vards,  established  and  laid  out  under  the  provisions 
of  this  title,  and  to  make  and  enforce  rules  and 
regulations  for  the  protection,  management,  control 
and  use  of  such  boulevards. 

******* 

26.  To  provide  for  the  working  of  prisoners  con- 
fined in  the  county  jail,  under  judgment  of  con- 
viction of  misdemeanor,  under  the  direction  of  some 
responsible  person,  to  be  appointed  by  the  sheriff, 
whose  compensation  shall  not  exceed  one  hundred 
dollars  per  month,  upon  the  public  grounds,  roads, 
streets,  alleys,  highways,  or  public  buildings,  or  in 
such  other  places  as  may  be  deemed  advisable,  for 
the  benefit  of  the  county. 

******* 

31.  To    enforce,   by   ordinance,  within   the   limits 
of   their   counties,   all    such   regulations   concerning 
the  size  of  wagons  and  vehicles  of  all  kinds  to  be 
used  on  the  roads   or  highways,  and  the   width  of 
tires  on  the  same,  as  are  not  in  conflict  with  general 
laws. 

32.  To    grant    licenses    and    franchises    for    con- 
structing, keeping,  and  taking  tolls  on  roads,  bridges, 
ferries,  wharves,   chutes,   booms,  and  piers,   and  to 
grant  franchises   along  and  over  the   public   roads 
and  highways   for   all   lawful   purposes,   upon   such 
terms   and   conditions    and   restrictions   as   in   their 
judgment  may  be  necessary  and  proper,  and  in  such 
manner  as  to  present  the  least  possible  obstruction 
and  inconvenience  to  the  traveling  public. 

33.  To  grant,  on   such  terms,   conditions,   and  re- 
strictions as  in  their  judgment   may  be   necessary 
and  proper,  licenses  and  franchises  for  taking  tolls 
on    public    roads    or    highways,    whenever   in    their 
judgment  the  expense  necessary  to  operate  or  main- 
tain such  public  roads  or  highways  as  free  public 
highways  is  too  great  to  justify  the  county  in  so 
operating  or  maintaining  them.     It  shall  always  be 
a    condition    attached    to    the     granting     of     such 


ROAD  LAWS.  87 

licenses  and  franchises,  that  such  roads  or  high- 
ways shall  be  kept  in  reasonable  repair  by  the 
person  or  persons  to  whom  such  licenses  or  fran- 
chises may  be  granted. 

34.  To   enact  ordinances  and  regulations  for  the 
construction,   alteration,,  repair   and   control   of   all 
public   roads   and   highways   in   the    county,   unless 
otherwise  provided  by  law. 

35.  To  levy  a  special  road  fund  tax,  not  to  ex- 
ceed two    (2)    mills  on  the   one   dollar  of   assessed 
valuation,  on  all  the  property  in  such  counties,  out- 
side  of  any  incorporated  city  or   town.     Such   tax 
shall  be  in  addition  to  all  taxes  otherwise  provided 
for,  and  the  fund  so  created  shall  be  expended  for 
the  construction  and  maintenance  of  the  main  public 
roads  or  county  highways  in  the  several  road  dis- 
tricts, in  proportion  to  the  amount  collected  from 
such   districts;    provided,   that,   in   addition   to   the 
tax  mentioned  in  this  subdivision,  the  board  of  su- 
pervisors shall  have  the  power,  and  it  shall  be  their 
duty,  upon  the  petition  of  a  majority  of  the  prop- 
erty owners  of  any  road  district,  to  levy  a  special 
road  fund  tax  not  to  exceed  two  mills  on  the  one 
dollar  of  assessed  valuation  on  all  the  property  in 
such  road  district  to  be  expended  in  the  mainten- 
ance of  the  public  roads  in  such  district. 

******* 

36.  To  encourage,  under  such  regulations  as  they 
may  adopt,  the  planting  and  preservation  of  shade 
and  ornamental  trees  on  the  public  roads  and  high- 
ways, and   on   and   about   the   public    grounds   and 
buildings  of  the  county,  and  pay  to  persons  plant- 
ing and  cultivating  the  same,  for  every  living  tree 
thus  planted,  at  the  age  of  four  years,  a  sum  not 
exceeding  one  dollar. 

37.  To  provide  by  ordinance  for  the  organization 
and   government   of    districts,   to    protect   and   pre- 
serve the  banks  of  rivers  and   streams   and  lands 
lying  contiguous   thereto   from  injury  by   overflow 


88  EOAD  LAWS. 

or  the  washing  thereof,  and  to  provide  for  the  im- 
provements of  said  rivers  and  streams,  and  prevent 
the  obstruction  thereof,  and  to  provide  for  the 
assessment,  levy,  and  collection  within  such  dis- 
tricts of  a  tax  thereof. 

#*#•*##* 

38.  To  do  and  perform  all  other  acts  and  things 
required  by  law  not  in  this  title  enumerated,  or 
which  may  be  necessary  to  the  full  discharge  of  the 
duties  of  the  legislative  authority  of  the  county 
government.  [Amendment  approved  May  1,  1911; 
in  effect  July  15,  1911.] 


ADDITIONAL    POWERS    AND    DUTIES. 

4042.  May  improve   streams   not  navigable. 

4043.  May  protect  highways  from  damage  by  floods. 
4047.     May  grant   franchises  for   paths   and   roads   for 

bicycles,   etc. 

4049a.  Must  publish   annual   statistical   report. 
4052.    Must  receive  lands  and  other  property  granted. 

§  4042.  The  board  may  provide  for  widening, 
deepening,  straightening,  removing  obstructions 
from,  and  otherwise  improving  all  streams  and 
washes  within  the  county  and  also  protecting  the 
banks  and  adjacent  lands  from  overflow  of  such 
streams  or  washes,  when  the  same  are  not  declared 
by  law  to  be,  and  in  fact  are  not,  navigable  for 
commercial  purposes,  the  overflow  of  which  inter- 
feres with  highways;  and  provide  regulations  for 
the  use,  repair,  and  control  thereof;  but  no  regula- 
tions of  the  board,  nor  improvements  directed,  must 
in  any  manner  interfere  with  the  private  rights  or 
privileges  of  riparian  owners,  miners,  or  others. 
Whenever,  in  the  opinion  of  the  board  of  super- 
visors, the  general  fund  is  insufficient  to  defray  the 
cost  of  the  improvements  provided  for  under  this 
section,  they  may  levy  a  tax  or  contract  a  bonded 
indebtedness  therefor  in  the  manner  provided  by 
this  title.  [Approved  March  18,  1907;  in  effect  im- 
mediately.] 


ROAD  LAWS.  89 

§  4043.  Whenever  it  appears  to  the  board  that 
any  public  road,  in  any  road  district  of  the  county, 
is  in  danger  of  being  damaged  by  storm  waters  or 
floods,  or  whenever  any  public  highway  has  already 
been  damaged  by  storm  waters  or  floods,  it  is 
hereby  made  the  duty  of  the  board  to  adopt  such 
measures  as  may  be  necessary  to  prevent  such 
damage,  or  to  repair  the  same;  and  the  board  is 
hereby  authorized  to  construct  flumes,  ditches,  or 
canals,  for  the  purpose  of  carrying  off  such  storm 
waters  or  floods  to  a  place  of  safety,  and  may 
condemn  the  right  of  way  for  such  flumes,  ditches 
or  canals  for  such  purpose;  provided,  however,  that 
no  more  than  the  sum  of  one  thousand  dollars  shall 
be  used  for  such  purpose  in  any  one  road  district 
of  the  county  in  any  one  year.  All  moneys  used  for 
the  purposes  of  this  section  may  be  taken  from  the 
general  or  road  fund  of  the  county.  [Approved 
March  18,  1907;  in  effect  immediately.] 

§  4047.  The  board  of  supervisors  may,  under 
such  regulations,  restrictions  and  limitations  as  it 
may  provide  subject  to  existing  laws,  grant  fran- 
chises for  the  construction  of  paths  and  roads, 
either  on  the  surface,  elevated  or  depressed,  on, 
over,  across,  or  under  the  streets  and  public  high- 
ways of  their  respective  counties  for  the  use  of 
bicycles,  tricycles,  motor-cycles,  and  other  like 
horseless  vehicles  propelled  by  the  rider,  and  for  a 
term  not  exceeding  fifty  years.  [Approved  March 
18,  1907.  In  effect  immediately.] 

47  Gal.  509;  53  Cal.  394;  56  Cal.  115,  116;  64  Cal. 
471;  113  Cal.  166. 

§  4049a.  The  board  of  supervisors  shall  cause  to 
be  prepared,  and  shall  publish  each  year  a  statisti- 
cal report  showing  in  compendious  form  all  the 
financial  transactions  of  the  county  for  the  last 
fiscal  year,  exhibiting  separately  the  receipts  and 
expenditures  by  or  on  account  of  each  office,  board, 
commission,  institution,  court,  and  road  district  and 


90  ROAD  LAWS. 

school  district,  and  classifying  the  principal  items 
of  income  and  expenditure,  so  as  to  show  the  finan- 
cial transactions  and  the  financial  condition  of  the 
county.  [Approved  March  18,  1907.  In  effect  im- 
mediately.] 

§  4052.  The  board  must  receive  from  the  United 
States,  or  other  sources,  lands,  and  other  property 
granted  or  donated  to  the  county  for  the  purpose 
of  aiding  in  the  erection  of  county  buildings,  roads, 
bridges,  or  other  specific  purposes,  and  may  use  the 
same  therefor,  and  may  provide  for  the  sale  of  the 
same,  and  the  application  of  the  proceeds  thereof. 
[Approved  March  18,  1907.  In  effect  immediately.] 

75  Cal.  457. 


BUILDINGS. 

§  4072.    Plans   not   to   be   altered. 
§  4073.     Contracts  not  to  be  altered,  etc. 

§  4072.  Whenever  the  Board  of  Supervisors  shall 
adopt  plans  and  specifications  for  the  erection, 
alteration,  construction,  or  repair  of  any  public 
building,  bridge,  or  other  public  structure,  such 
plans  and  specifications  shall  not  be  altered  or 
changed  in  any  manner  whereby  the  cost  of  such 
building,  bridge  or  structure  shall  be  increased, 
except  by  a  two-thirds  vote  of  their  number.  [Ap- 
proved March  18,  1907;  in  effect  immediately.] 

47  Cal.  508;  52  Cal.  351;  60  Cal.  165;  66  Cal.  77. 

§  4073.  Whenever  the  Board  of  Supervisors  shall 
enter  into  a  contract  for  the  erection,  construction, 
alteration,  or  repair  of  any  public  building,  bridge, 
or  other  structure,  such  contract  shall  not  be  altered 
or  changed  in  any  manner,  unless  they  shall,  by  a 
vote  of  two-thirds  of  their  number,  and  with  the 
consent  of  the  contractor,  first  so  order.  And  when- 
ever any  such  change  or  alteration  is  so  ordered,  the 
particular  change  or  alteration  shall  be  specified, 
in  writing,  and  the  cost  thereof  agreed  upon  be- 


ROAD  LAWS.  91 

tween  the  board  and  the  contractor.  In  no  case 
shall  the  board  pay  or  become  liable  to  pay  for 
any  extra  work  done  on,  or  extra  material  fur- 
nished for,  such  building  or  structure.  [Approved 
March  18,  1907;  in  effect  immediately.] 


THE  SEVERAL  FUNDS. 

§  4085^.     Innavigable   streams   may  be  declared  high- 
ways. 

§  4085 !/2-  On  the  application  of  any  individual, 
association  or  corporation  interested,  the  board  of 
supervisors  of  any  county  of  this  state  may,  by 
ordinance,  declare  all  or  any  portion  of  any  slough, 
river  or  stream  which  does  not  lie  within  or  run 
through  cultivated  land  lying  within  the  county 
which  is  stocked  or  supplied,  in  whole  or  in  part, 
with  fish,  by  the  state  or  counties  and  which  has 
not  been  declared  by  law  to  be  navigable,  and 
which  in  fact  is  not  navigable  for  commercial  pur- 
poses, to  be  a  public  highway  for  the  purpose  of 
fishing  in  said  slough,  river  or  stream,  and  the  same 
shall  thereupon  become  and  be  a  public  highway 
for  such  purpose,  subject  only  to  the  reservations 
hereinafter  contained. 

In  case  any  owner  of  land  adjacent  to  or  across 
which  such  slough,  river  or  stream  flows  does  not 
consent  to  the  use  of  the  slough,  river  or  stream 
for  such  purpose  with  the  right  to  pass  along  the 
banks  for  the  purpose  of  fishing  and  grant  the  same 
to  the  county  by  suitable  instrument  in  writing,  on 
application,  the  board  of  supervisors  may  contract 
for  and  purchase  any  or  all  such  rights;  or,  if  the 
same  cannot  be  purchased  at  a  satisfactory  price, 
may  authorize  proceedings  to  be  commenced  to  pro- 
cure the  same  in  the  manner  directed  by  title  seven, 
part  three,  of  the  Code  of  Civil  Procedure.  [New 
section  approved  May  1,  1911.] 

Condemnation  proceedings:  C.  C.  P.,  Sees.  1237- 
1264  post. 


92  ROAD  LAWS. 

THE  ROAD  COMMISSIONERS. 
i  4222.     Duties   of. 

§  4222.  The  road  commissioners  must  perform  the 
duties  required  of  them  by  law  and  the  ordinances 
or  orders  of  the  board  of  supervisors.  [Approved 
March  18,  1907;  in  effect  immediately.] 


MISCELLANEOUS  PROVISIONS. 

§  4321.     Inventories  to  be  made  annually  by. 

I  4322.  Supervisors  must  not  be  interested  in  pur- 
chases. 

$  4323.  Procedure  when  supervisors  interested  in  ap- 
plication. 

§  4325.     Penalty  for  neglect  of  duty. 

§  4321.  It  shall  be  the  duty  of  all  county  officers, 
including  the  supervisors,  road  commissioners,  su- 
perintendents of  hospitals,  county  farms,  or  alms- 
houses,  to  make,  on  or  before  the  first  day  of  July 
in  each  year,  and  file  with  the  county  clerk  an  in- 
ventory under  oath,  showing  in  detail  all  county 
property  in  their  possession,  or  in  their  charge. 
Said  inventory  shall  be  kept  of  record  by  said 
county  clerk.  A  true  copy  of  said  inventory  shall 
be  delivered  by  such  officers  to  their  successors  in 
office,  who  must  receipt  therefor,  which  receipt 
shall  be  filed  with  said  county  clerk.  [Approved 
March  18,  1907;  in  effect  immediately.] 

§  4322.  2STo  member  of  the  board  must  be  in- 
terested, directly  or  indirectly,  in  any  property 
purchased  for  the  use  of  the  county,  nor  in  any 
purchase  or  sale  of  property  belonging  to  the 
county,  nor  in  any  contract  made  by  the 
board,  or  other  person,  on  behalf  of  the 
county,  for  the  erection  of  public  buildings,  the 
opening  or  improvement  of  roads,  or  the  building  of 
bridges,  or  for  any  purpose  or  act  as  a  member  of  a 
committee  or  board  of  reviewers.  [Approved  March 
18,  1907;  in  effect  immediately.] 


EOAD  LAWS.  93 

§  4323.  Whenever  an  application  is  made  to  the 
board  for  an  order,  franchise,  or  license  relating  to 
any  toll  road,  bridge,  ferry,  wharf,  -chute,  pier,  or 
other  subject  over  which  the  board  has  jurisdiction, 
in  which  a  majority  of  the  board  are  interested, 
the  application,  by  order  of  the  board,  must  be 
transferred  to  the  superior  court  of  the  county. 
The  clerk  of  the  board  must  thereupon  certify  the 
application,  and  all  orders  and  papers  relating 
thereto,  to  said  superior  court,  and  thereafter  the 
said  superior  court  shall  have  full  jurisdiction  to 
hear  and  determine  the  application.  [Approved 
March  18,  3907;  in  effect  immediately.] 

§  4325.  Any  supervisor  who  refuses  or  neglects 
to  perform  any  duty  imposed  on  him,  without  just 
cause  therefor,  or  who  willfully  violates  any  law 
provided  for  his  government  as  such  officer,  or 
fraudulently  or  corruptly  performs  any  duty  imposed 
on  him,  or  willfully,  fraudulently  or  corruptly  at- 
tempts to  perform  an  act,  as  supervisor,  unauthorized 
by  law,  in  addition  to  the  penalty  provided  in  the 
Penal  Code,  forfeits  to  the  county  five  hundred 
dollars  for  every  such  act,  to  be  recovered  on  his 
official  bond,  and  is  further  liable  on  his  official 
bond,  to  any  person  injured  thereby,  for  all  damages 
sustained.  [Approved  March  18,  1907;  in  effect 
immediately.] 

155  Cal.  754. 


PROVISIONS 


CIVIL    CODE. 


EOAD  LAWS.  97 


CORPORATIONS. 
Railroad  Corporations,   pp.  97-100. 
Wagon    Road    Corporations,    pp.    100-104. 
Bridge,     Ferry.    Wharf,     Chute     and     Pier     Corpora- 
tions,  pp.   105-107. 
Telegraph    Corporations,    p.    107. 
Water  and  Canal  Corporations,   pp.   107-108. 


RAILROAD    CORPORATIONS. 
§  465.     Enumeration    of    powers. 

§  465.     Every   railroad   corporation  has   power: 

1.  To  cause  such  examination  and  surveys  to  be 
made  as  may  be  necessary  to  the  selection  of  the 
most  advantageous  route  for  the  railroad;   and  for 
such  purposes,  their  officers,  agents  and  employees 
may  enter  upon  the  lands  or  waters  of  any  person, 
subject  to  liability  for  all  damages  which  they  may 
do  thereto; 

2.  To  receive,  hold,  take,  and  convey,  by  deed  or 
otherwise,    as    a    natural    person,    such    voluntary 
grants  and  donations  of  real  estate,  and  other  prop- 
erty, which  may  be  made  to  it  to  aid  and  encourage 
the   construction,   maintenance   and   accommodation 
of  such  railroad; 

3.  To  purchase,  or  by  voluntary  grants  or  dona- 
tions   to    receive,    enter,    take    possession    of,    hold 
and  use  all  such  real  estate  and  other  property  as 
may  be   absolutely  necessary   for  the   construction 
and    maintenance    of    such    railroads,    and    for    all 
stations,    depots    and    other    purposes   necessary   to 
successfully  work  and  conduct  the  business  of  the 
road; 

4.  To  lay   out   its   road,   not   exceeding  ten   rods 
wide,  and  to  construct  and  maintain  the  same,  with 
one  or  more  tracks,  and  with  such  appendages  and 
adjuncts  as  may  be  necessary  for  the  convenient  use 
of  the  same; 

5.  To  construct  their  roads  across,  along  or  upon 
any  stream  of  water,  watercourse,  roadstead,  bay, 


98  EOAD  LAWS. 

navigable  stream,  street,  avenue,  or  highway,  or 
across  any  railway,  canal,  ditch  or  flume  which 
the  route  of  its  road  intersects,  crosses  or  runs 
along,  in  such  manner  as  to  afford  security  for  life 
and  property;  but  the  corporation  shall  restore  the 
stream  or  watercourse,  road,  street,  avenue,  high- 
way, railroad,  canal,  ditch  or  flume  thus  intersected 
to  its  former  state  of  usefulness  as  near  as  may  be, 
or  so  that  the  railroad  shall  not  unnecessarily 
impair  its  usefulness  or  injure  its  franchise; 

6.  To   cross,  intersect,  join,   or  unite  its  railroad 
with  any  other  railroad,  either  before  or  after  con- 
struction, at  any  point  upon  its  route,  and  upon  the 
grounds  of  such  other  railroad  corporation,  with  the 
necessary  turnouts,  sidings  and  switches,  and  other 
conveniences   in   furtherance   of   the   objects   of   its 
connections;   and  every  corporation  whose   railroad 
is,   or   shall   be   hereafter   intersected   by   any   new- 
railroad,  shall  unite  with  the   owners  of  such  new 
railroad  in  forming  such  intersections  and  connec- 
tions,   and    grant    facilities    therefor;    and    if    the 
two  corporations  cannot  agree  upon  the  amount  of 
compensation   to   be   made    therefor,   or   the    points 
or  the  manner  of  such  crossings,  intersections  and 
connections,  the  same  shall  be  ascertained  and  de- 
termined as  is  provided  in  title  VII,  part  III,  Code 
of  Civil  Procedure   (sees.  1237-1263); 

7.  To    purchase    lands,    timber,    stone,    gravel    or 
other  materials  to  be  used  in  the  construction  and 
maintenance  of  its  road,  and  all  necessary  append- 
ages and  adjuncts,  or  acquire  them  in  the  manner 
provided  in  title  VII,  part  III,  Code  of  Civil  Pro- 
cedure,   for    the    condemnation    of    lands;     and     to 
change   the  line   of   its   road,  in  whole   or  in  part, 
whenever  a  majority  of  the  directors  so  determine, 
as  is  provided  hereinafter;  but  no  such  change  must 
vary   the    general   route    of   such   road,   as    contem- 
plated in  its  articles  of  incorporation; 

8.  To   carry  persons   and  property  on  their  rail- 


ROAD  LAWS.  99 

road,  and  to  receive  tolls  or  compensation  therefor; 

9.  To   erect  and  maintain  all  necessary  and  con- 
venient   buildings,    stations,    depots,    fixtures    and 
machinery  for  the  accommodation  and  use  of  their 
passengers,  freight  and  business; 

10.  To   regulate   the   time   and  manner   in   which 
passengers  and  property  shall  be   transported,  and 
the    tolls    and    compensation    to    be    paid    therefor 
within  the  limits  prescribed  by  law  and  subject  to 
alteration,  change  or  amendment  by  the  legislature 
at  any  time; 

11.  To    regulate    the    force    and    speed    of    their 
locomotives,   cars,   trains   or   other   machinery   used 
and    employed    on    their    roads,    and    to    establish, 
execute   and   enforce   all   needful   and   proper   rules 
and  regulations  for  the  management  of  its  business 
transactions  usual  and  proper  for  railroad  corpora- 
tions; 

12.  To  purchase,  lease  or  acquire  the  franchises, 
rights   and   property,   or   any  part   thereof,   of    any 
railroad    corporation    leasing    or    owning    any   rail- 
road   outside    of    the    State    of    California,    and   to 
operate  the  same,  and  to  use  the  franchises  of  any 
such    road,    and    to    build    and    operate    extensions 
thereof;  provided  that  nothing  herein  shall  authorize 
any  corporation  to  purchase  the  franchises,  rights, 
and  property  of  any  railroad  operated  in  competi- 
tion with  it;  and  to  purchase,  acquire  and  hold  the 
stocks,   bonds    or   other   securities    of   any   railroad 
corporation  organized  under  the  laws  of  this  State 
or  of  any  other  State  or  Territory,  with  full  power 
to  sell  the  same;  provided  that  nothing  herein  will 
authorize    any    corporation    to    purchase    the    stock 
of  any  railroad  corporation  operated  in  competition 
with  it.     [Amendment  approved  March  4,  1907.    In 
effect  immediately.] 

67  Gal.  432;  92  Cal.  645;  111  Gal.  227;  153  Gal. 
752;  157  Cal.  367;  (sub.  1)  67  Cal.  431;  129  Cal, 
10;  134  Cal.  415;  (sub.  2)  129  Cal.  10;  (sub.  3)  53 


100  EOAD  LAWS. 

Cal.  227;  129  Cal.  10;  (sub.  4)  53  Cal.  227;  67  Cal. 
431;  134  Cal.  415;  149  Cal.  91,  92;  158  Cal.  439, 
440;  2  Cal.  App.  559;  (sub.  5)  69  Cal.  206;  92  Cal. 
645;  93  Cal.  265;  142  Cal.  392;  157  Cal.  368,  369, 
370;  1  Cal.  App.  443;  (sub.  6)  91  Cal.  452;  (sub. 
7)  53  Cal.  228;  67  Cal.  431,  432;  134  Cal.  414;  152 
Cal.  308;  (sub.  8)  142  Cal.  392;  (sub.  9)  142  Cal. 
392;  (sub.  11)  142  Cal.  392. 

WAGON   ROAD   CORPORATIONS. 

f  512.     Three  Commissioners  to  act  with  Surveyor. 

§  513.  Survey  and  map  to  be  filed  and  approved  by 
Supervisors. 

§  514.  Tolls,  etc.,  to  be  collected.  Penalty  for  taking 
unlawful  tolls. 

§  515.  No  tolls  to  be  charged  on  highways  or  public 
roads. 

§  516.     Rates  of  toll  to  be  posted  at  gate. 

§  517.  Toll  gatherer  may  detain  persons  until  they 
pay  toll. 

§  518.  Toll  gatherer  not  to  detain  any  person  un- 
necessarily. 

§  519.     Persons  avoiding  toll  to  pay  five  dollars. 

§  520.  Penalties  for  trespasses  on  property  of  cor- 
poration. 

§  521.  When  capital  invested  is  repaid,  tolls  to  be 
reduced,  etc. 

§  522.  May  mortgage  and  hypothecate  corporate 
property. 

§  523.  This  title  applies  to  natural  persons  as  well  as 
corporations. 

§  524.  Franchises  for  construction  of  paths  and  roads 
for  horseless  vehicles. 

§  512.  Where  a  corporation  is  formed  for  the 
construction  and  maintenance  of  a  wagon  road, 
the  road  must  be  laid  out  as  follows: 

Three  commissioners  must  act  in  conjunction 
with  the  surveyor  of  the  corporation,  two  to  be 
appointed  by  the  board  of  supervisors  of  the  county 
through  which  the  road  is  to  run,  and  one  by 
the  corporation,  who  must  lay  out  the  proposed 
road  and  report  their  proceedings,  together  with 
the  map  of  the  road,  to  the  supervisors,  as  pro- 
vided in  the  succeeding  section. 

98  Cal.  86. 


ROAD  LAWS.  101 

§  513.  When  the  route  is  surveyed,  a  map 
thereof  must  be  submitted  to  and  filed  with  the 
board  of  supervisors  of  each  county  through  or 
into  which  the  road  runs,  giving  its  general  course 
and  the  principal  points  to  or  by  which  it  runs,  and 
its  width,  which  must  in  no  case  exceed  one  hundred 
feet,  and  the  Supervisors  must  either  approve  or 
reject  the  surveyor.  If  approved,  it  must  be  entered 
of  record  on  the  journal  of  the  Board,  and  such  ap- 
proval authorizes  the  use  of  all  public  lands  and 
highways  over  which  the  survey  runs;  but  the 
Board  of  Supervisors  must  require  the  corporation, 
at  its  own  expense,  and  the  corporation  must  so 
change  and  open  the  highways  so  taken  and  used  as 
to  make  the  same  as  good  as  before  the  appropria- 
tion thereof;  and  must  so  construct  all  crossings 
of  public  highways  over  and  by  its  road  and  toll 
gates,  as  not  to  hinder  or  obstruct  the  use  of  the 
same.  [Amendment  approved  March  21,  1905. 
In  effect  in  sixty  days.] 

§  614.  All  wagon  road  corporations  may  bridge  or 
keep  ferries  on  streams  on  the  line  of  their  road, 
and  must  do  all  things  necessary  to  keep  the  same  in 
repair.  They  may  take  such  tolls  only  on  their 
roads,  ferries,  or  bridges,  as  are  fixed  by  the  Board 
of  Supervisors  of  the  proper  county  through  which 
the  road  passes,  or  in  which  the  ferry  or  bridge  is 
situate.  But  in  no  case  must  the  tolls  be  more  than 
sufficient  to  pay  fifteen  per  cent.,  nor  less  than  ten 
per  cent,  per  annum,  on  the  cost  of  construction, 
after  paying  for  repairs  and  other  expenses  for  at- 
tending to  the  roads,  bridges,  or  ferries.  If  tolls, 
other  than  as  herein  provided,  are  charged  or  de- 
manded, the  corporation  forfeits  its  franchise,  and 
must  pay  to  the  party  so  charged  one  hundred  dol- 
lars as  liquidated  damages.  [Amendment  approved 
March  21,  1905.  In  effect  in  sixty  days.] 

88  Cal.  633;   1^2  Cal    338. 


102  EOAD  LAWS. 

Toll  on  bridge,  obtaining  consent  of  Supervisors, 
see  sec.  528,  post. 

Toll  roads:  Polit.  Code,  sees.  2779  et  seq. 

§  515.  When  any  highway  or  public  road  is  taken 
and  used  by  any  wagon  road  corporation  as  a  part  of 
its  road,  the  corporation  must  not  place  a  toll  gate 
on  or  take  tolls  for  the  use  of  such  highway  or 
public  road  by  teamsters,  travelers,  drovers,  or  any 
one  transporting  property  over  the  same. 

§  516.  The  corporation  must  affix  and  keep  up, 
at  or  over  each  gate,  or  in  some  conspicuous  place, 
so  as  to  be  conveniently  read,  a  printed  list,  show- 
ing, first,  the  date  when  the  franchise  or  privilege 
under  which  the  right  to  collect  tolls  is  claimed, 
was  granted  and  the  term  of  duration  of  said  fran- 
chise; second,  the  date  upon  which  rates  of  tolls 
were  last  fixed  by  the  Board  of  Supervisors;  and, 
third,  the  rates  of  tolls  levied  and  demanded.  Fail- 
ure to  comply  with  the  provisions  of  this  act  shall 
work  an  immediate  forfeiture  of  franchise.  [Amend- 
ment approved  Feb.  14,  1901.  In  effect  immediate- 

iy-] 

§  517.  Each  toll  gatherer  may  prevent  from  pass- 
ing through  his  gate  any  person,  animal,  or  vehicle, 
subject  to  toll,  until  the  toll  authorized  to  be  col- 
lected for  such  passing  has  been  paid.  [Amend- 
ment approved  March  21,  1905.  In  effect  in  sixty 
days.] 

§  518.  Every  toll  gatherer  who,  at  any  gate,  un- 
reasonably hinders  or  delays  any  traveler  or  passen- 
ger or  any  vehicle  or  animal  liable  to  the  payment 
of  toll,  or  demands  or  receives  from  any  person 
more  than  he  is  authorized  to  collect,  for  each 
offense  forfeits  the  sum  of  twenty-five  dollars  to 
the  person  aggrieved.  [Amendment  approved  March 
21,  1905.  In  effect  in  sixty  days.] 

51  Cal.  490. 


ROAD  LAWS.  103 

§  519.  Every  person  who,  to  avoid  the  payment 
of  the  legal  toll,  with  his  team,  vehicle  or  horse, 
turns  out  of  a  wagon,  turnpike,  or  plank  road,  or 
passes  any  gate  thereon  or  ground  adjacent  thereto, 
and  again  enters  upon  such  road,  for  each  offense 
forfeits  the  sum  of  five  dollars  to  the  corporation 
injured. 

§520.     Every  person  who: 

1.  Willfully  breaks,  cuts  down,   defaces,  or  in- 
jures any  milestone  or  post  on  any  wagon,  turnpike, 
or     plank  road;  or, 

2.  Willfully   breaks    or   throws    down   any   gate 
on  such  road;  or, 

3.  Digs  up  or  injures  any  part  of  such  road,  or 
anything  thereunto  belonging;  or, 

4.  Forcibly  or  fraudulently  passes  any  gate  there- 
on without  having  paid  the  legal  toll; 

For  each  offense  forfeits  to  the  corporation  in- 
jured the  sum  of  twenty-five  dollars,  in  addition  to 
the  damages  resulting  from  his  wrongful  act. 

§  521.  The  entire  revenue  derived  from  the  road 
shall  be  appropriated:  first,  to  repayment  to  the  cor- 
poration of  the  costs  of  its  construction,  together 
with  the  incidental  expenses  incurred  in  collecting 
tolls  and  keeping  the  road  in  repair;  and,  second,  to 
the  payment  of  the  dividend  among  its  stockholders, 
as  provided  in  section  five  hundred  and  fourteen. 
When  the  repayment  of  the  cost  of  construction  is 
completed,  the  tolls  must  be  so  reduced  as  to  raise 
no  more  than  an  amount  sufficient  to  pay  said  divi- 
dend, and  incidental  expenses,  and  to  keep  the 
road  in  good  repair. 

§  522.  The  corporation  may  mortgage  or  hypothe- 
cate its  road  and  other  property  for  funds  with 
which  to  construct  or  repair  its  road,  but  no  mort- 
gage or  hypothecation  is  valid  or  binding  unless  at 
least  twenty-five  per  cent,  of  the  capital  stock  sub- 


104  KOAD  LAWS. 

scribed  has  been  paid  in  and  invested  in  the  con- 
struction of  the  road  and  appurtenances,  and  then 
only  after  an  affirmative  vote  of  two-thirds  of  the 
capital  stock  subscribed.  [Amendment  approved 
March  21,  1905.  In  effect  in  sixty  days.] 
80  Cal.  341. 

§  523.  When  a  wagon,  turnpike,  or  plank  road  is 
constructed,  owned,  or  operated  by  any  natural 
person  this  title  is  applicable  to  such  person  in 
like  manner  as  it  is  applicable  to  corporations. 

79  Cal.  168;  80  Cal.  341;  98  Cal.  313. 

Construction  of  Toll  Eoads:  See  Polit.  Code,  sees. 
2779-2831. 

§  524.  The  legislative  or  other  body  to  whom  is 
intrusted  the  government  of  any  county,  city  and 
county,  city,  or  town,  may,  under  such  regulations, 
restrictions,  and  limitations  as  it  may  provide,  sub- 
ject to  existing  laws,  grant  franchises  for  the  con- 
struction of  paths  and  roads,  either  on  the  surface, 
elevated,  or  depressed,  on,  over,  across,  or  under  the 
streets  and  public  highways  of  any  such  county, 
city,  or  town,  for  the  use  of  bicycles,  tricycles, 
motorcycles,  and  other  like  horseless  vehicles,  for  a 
term  not  exceeding  fifty  years.  In  incorporated  cities 
no  franchise  must  be  granted  for  the  purpose  herein 
expressed,  unless  the  consent  in  writing  of  the  own- 
ers of  a  majority  of  the  frontage  upon  the  road  or 
street  along  which  said  path  or  road  is  sought  to 
be  constructed,  is  first  had  and  obtained,  and  filed 
with  such  legislative  or  governing  body.  [New  sec- 
tion approved  March  21,  1905.  In  effect  in  sixty 
days.] 


ROAD  LAWS.  105 

BRIDGE,     FERRY,     WHARF,     CHUTE,     AND     PIER 

CORPORATIONS. 

§  528.     Corporation  to  obtain  license  from  Supervisors. 
§  529.     In     what     contingencies      corporate     existence 

ceases. 
§  530.     President  and  Secretary  to  make  annual  report, 

and  what  to  contain.     Damages  for  failing  to 

report. 
§  531.     This  title  to  apply  to  natural  persons  alike  with 

corporations. 

§  528.  No  corporation  must  construct,  or  take 
tolls  on  a  bridge,  ferry,  wharf,  chute,  or  pier  until 
authority  is  granted  therefor  by  the  Supervisors,  or 
other  governing  body  having  authority  in  that  be- 
half. [Amendment  approved  March  21,  1905.  In 
effect  in  sixty  days.] 

136  Cal.  49. 

Public  ferries  and  toll  bridges:  See  Polit.  Code, 
sees.  2843  et  seq. 

§  529.  Every  such  corporation  ceases  to  be  a 
body  corporate: 

1.  If,  within  six  months  from  filing  its  articles 
of  incorporation,  it  has  not  obtained  such  authority 
from  the  Board  of  Supervisors,  or  other  governing 
body  having  authority  in  that  behalf;  and  if,  within 
one  year  thereafter,  it  has  not  commenced  the  con- 
struction of  the  bridge,  wharf,  chute,  or  pier,  and 
actually  expended  thereon  at  least  ten  per  cent,  of 
the  capital  stock  of  the  corporation; 

2.  If,  within  three  years  from  filing  the  articles 
of  incorporation,  the  bridge,  wharf,  chute,  or  pier  is 
not  completed; 

3.  If,  when  the  bridge,  wharf,  chute,  or  pier  of 
the  corporation  is  destroyed,  it  is  not  reconstructed 
and  ready  for  use  within  three  years  thereafter; 

4.  If  the  ferry  of  any  such  corporation  is  not  in 
running  order  within  three  months  after  authority 
is  obtained  to  establish  it,  or  if  at  any  time  there- 
after it  ceases  for  a  like  term  consecutively  to  per- 


106  EOAD  LAWS. 

form  the  duties  imposed  by  law.     [Amendment  ap- 
proved March  21,  1905.     In  effect  in  sixty  days.] 

§  530.  The  president  and  secretary  of  every 
bridge,  ferry,  wharf,  chute,  or  pier,  corporation  must 
annually,  under  oath,  report  to  the  Board  of  Super- 
visors, or  other  governing  body,  having  authority  in 
that  behalf,  of  the  county  in  which  the  articles  of 
incorporation  are  filed: 

1.  The    cost    of    constructing   and   providing   all 
necessary    appendages    and    appurtenances    for    its 
bridge,  ferry,  wharf,  chute  or  pier; 

2.  The  amount  of  all  moneys  expended  thereon, 
since    its    construction,   for   repairs    and   incidental 
expenses; 

3.  The  amount  of  its  capital   stock,  how  much 
paid  in,  and  how  much  actually  expended  thereof; 

4.  The  amount  received  during  the  year  for  tolls, 
and  from  all  other  sources,  stating  each  separately; 

5.  The   amount  of  dividends  made,  and  the  in- 
debtedness of  the  corporation,  specifying  for  what 
it  was  incurred; 

6.  Such  other  facts  and  particulars  respecting  the 
business  of  the  corporation  as  the  Board  of  Super- 
visors or  other  governing  body  having  authority  in 
that  behalf  may  require. 

This  report  the  president  and  secretary  must  cause 
to  be  published  for  four  weeks  in  a  daily  newspaper 
published  nearest  the  bridge,  ferry,  wharf,  pier,  or 
chute,  if  required  by  order  of  the  Board  of  Super- 
visors or  other  governing  body  having  authority  in 
that  behalf.  A  failure  to  make  such  report  sub- 
jects the  corporation  to  a  penalty  of  two  hundred 
dollars,  and  for  every  week  permitted  to  elapse 
after  such  failure  an  additional  penalty  of  fifty  dol- 
lars, payable  in  each  case  to  the  county  from  which 
the  authority  of  the  corporation  was  derived.  All 
such  cases  must  be  reported  by  the  Board  of  Super- 


ROAD  LAWS.  107 

visors,  or  other  governing  body  having  authority  in 
that  "behalf,  to  the  District  Attorney  or  City  At- 
torney, who  must  commence  an  action  therefor. 
[Amendment  approved  March  21,  1905.  In  effect  in 
sixty  days.] 

§  531.  When  a  bridge,  ferry,  wharf,  chute,  or 
pier  is  constructed,  operated,  or  owned  by  a  natural 
person,  this  title  is  applicable  to  such  person  in 
like  manner  as  it  is  applicable  to  corporations. 

98  Cal.  314. 

General  provisions:  Public  Ferries  and  Toll 
Bridges,  Polit.  Code,  sees.  2843-2895;  Wharves, 
Chutes  and  Piers,  Polit.  Code,  sees.  2906-2920. 

TELEGEAPH  AND  TELEPHONE  COEPOEA- 
TIONS. 

§  536.     May  use  right  of  way  along  waters,  roads  and 

highways. 

§  536.  Telegraph  or  telephone  corporations  may 
construct  lines  of  telegraph  or  telephone  lines  along 
and  upon  any  public  road  or  highway,  along  or 
across  any  of  the  waters  or  lands  within  this  State, 
and  may  erect  poles,  posts,  piers,  or  abutments  for 
supporting  the  insulators,  wires,  and  other  neces- 
sary fixtures  of  their  lines,  in  such  manner  and  at 
such  points  as  not  to  incommode  the  public  use  of 
the  road  or  highway  or  interrupt  the  navigation  of 
the  waters. 

149  Cal.  750. 

WATER  AND   CANAL   CORPORATIONS. 
§  551.     Construction    of    canal,    etc. 

§  551.  No  canal,  flume,  or  other  appliance  for  the 
conducting  of  water  must  be  so  laid,  constructed  or 
maintained  as  to  obstruct  any  public  highway;  and 
every  person  or  corporation  owning,  maintaining, 
operating,  or  using  any  such  canal,  flume  or  appli- 


108  EOAD  LAWS. 

ance,  crossing  or  running  along  any  public  high- 
way, must  construct,  maintain,  and  keep  in  repair 
such  bridges  across  the  same  as  may  be  necessary 
to  the  safe  and  convenient  use  of  such  highway  by 
the  public;  and,  on  failure  so  to  do,  the  board  of 
supervisors  of  the  county,  after  seven  days-'  notice 
in  writing  to  said  person  or  corporation,  may  con- 
struct or  repair  such  bridge  or  bridges,  and  recover 
of  such  person  or  corporation  the  amount  of  the 
expenditure  made  in  so  doing.  [Amendment  ap- 
proved March  21,  1905.] 
68  Cal.  359;  98  Cal.  183. 


PROVISIONS    OF 

THE   CODE  OF 

CIVIL  PROCEDURE 


EOAD  LAWS.  Ill 


OP     TRESPASS     FOR     CUTTING     OR     CARRYING 
AWAY  TREES. 

§  733.     Trespass  for  cutting  or  carrying  off  trees,  etc. 
§  734.     Damages  for  timber  used  on  public  highway. 

§  733.  Any  person  who  cuts  down  or  carries  off 
any  wood  or  underwood,  tree  or  timber,  or  girdles 
or  otherwise  injures  any  tree  or  timber  on  the  land 
of  another  person,  or  on  the  street  or  highway  in 
front  of  any  person's  house,  village  or  city  lot,  or 
cultivated  grounds;  or  on  the  commons  or  public 
grounds  of  any  city  or  town,  or  on  the  street  or 
highway  in  front  thereof,  without  lawful  authority, 
is  liable  to  the  owner  of  such  land,  or  to  such  city 
or  town,  for  treble  the  amount  of  damages  which 
may  be  assessed  therefor,  in  a  civil  action,  in  any 
court  having  jurisdiction. 

108  Cal.  201,  205,  206,  207;  140  Gal.  680.  Prac. 
Act.  51  Cal.  304,  306;  108  Cal.  206. 

§  734.  Nothing  in  the  last  section  authorizes  the 
recovery  of  more  than  the  just  value  of  the  timber 
taken  from  uncultivated  woodland,  for  the  repair 
of  a  public  highway  or  bridge  upon  the  land,  or 
adjoining  it. 

Prac.  Act.     1  Cal.  396,  438. 


OF  EMINENT   DOMAIN. 

§  1237.     Eminent  domain  defined. 

§  1238.     Purposes  for  which  it  may  be  exercised. 

§  1239.  What  estates  in  land  may  be  acquired  by  con- 
demnation. 

§  1240.     Private  property  defined.     Classes  enumerated. 

§  1241.  Facts  necessary  to  be  found  before  condem- 
nation. 

§  1242.  Parties  may  make  location.  May  enter  to 
make  surveys. 

§  1243.     Jurisdiction  in   Superior  Court. 

§  1244.     The  complaint  and  its  contents. 

§  1245.  Summons,  what  to  contain.  How  issued  and 
served. 

§  1246.  Who  may  defend.  What  the  answer  may  show, 
and  how  verified. 


119  EGAD  LAWS. 


§  1247.  Court  shall  have  jurisdiction  to  regulate  the 
mode  of  making  crossings  or  of  enjoying  a 
common  use. 

§  1247a.  Court  shall  have  power  to  regulate  removal  or 
relocating  of  improvements. 

§  1248.     Court  or  jury  to  assess  damages. 

§  1248a.  Removal  or  relocation  of  street  and  railroad 
tracks,  and  compensation  therefor. 

§  1249.  The  date  with  respect  to  which  compensation 
shall  be  assessed,  and  the  measure  thereof. 

§  1250.     New  proceedings  to  cure  defective  title. 

§  1251.     Payment  of  damages. 

§  1252.     Damages,  to  whom  paid. 

§  1253.  Final  order  of  condemnation,  what  to  contain. 
When  filed,  title  vests. 

§  1254.     Putting  plaintiff  in  possession. 

§  1255.     Costs  may  be  allowed,   distribution  thereof. 

§  1255a.  Abandonment  of  proceedings  and  costs  on 
abandonment. 

§  1256.     Rules  of  practice. 

§  1257.     New  trials  and  appeals. 

§  1258.     When  title  takes  effect,  and  construction  of. 

§  1259.     When  title  takes  effect. 

§  1260.     Construction. 

§  1261.     Pending  proceedings  not  affected. 

§  1262.     Rules  of  practice. 

§  1263.     Exceptions. 

§  1264.  Actions  given  preference  over  other  civil  ac- 
tions. 

§  1237.  Eminent  domain  is  the  right  of  the 
people  or  government  to  take  private  property  for 
public  use.  This  right  may  be  exercised  in  the 
manner  provided  in  this  title. 

87  Cal.  231;  91  Cal.  245,  247,  248;  130  Cal.  634; 
138  Cal.  582;  145  Cal.  587;  13  Cal.  App.  419. 

Constitutional  provisions:  See  Const.  Cal.,  art.  I, 
sec.  14;  art.  XII,  see.  8;  art.  XV,  sec.  1. 

§  1238.  Subject  to  the  provisions  of  this  title, 
the  right  of  eminent  domain  may  be  exercised  in 
behalf  of  the  following  public  uses: 

1.  Fortifications,  magazines,  arsenals,  navy  yards, 
navy    and    army    stations,    lighthouses,    range    and 
beacon   lights,   coast   surveys,   and  all   other  public 
uses  authorized  by  the   government  of  the  United 
States. 

2.  Public  buildings   and   grounds  for  the  use  of 


EOAD  LAWS.  113 

the  state,  and  all  other  public  uses  authorized  by 
the  legislature  of  the  state. 

3.  Public  buildings  and  grounds  for  the  use  of  any 
county,  incorporated  city,  or  city  and  county,  village, 
town  or  school  districts;  ponds,  lakes,  canals,  aque- 
ducts,  reservoirs,   tunnels,   flumes,   ditches   or  pipes 
for  conducting  or  storing  water  for  the  use  of  any 
county,  incorporated  city  or  city  and  county,  village 
or  town,  or  the  inhabitants  thereof,  or  for  draining 
any  county,  incorporated  city,  or  city  and  county, 
village   or  town;   raising  the  banks  of  streams,  re- 
moving  obstructions   therefrom,   and  widening   and 
deepening    or    straightening    their    channels,    roads, 
highways,    boulevards,    streets    and    alleys;    public 
mooring    places     for    water     craft;     public    parks, 
including     parks     and     other     places     covered     by 
water,    and    all    other   public    uses   for    the   benefit 
of    any    county,    incorporated    city,     or     city     and 
county,  village  or  town,  or  the  inhabitants  thereof, 
which   may   be   authorized   by   the   legislature;    but 
the  mode  of  apportioning  and  collecting  the  costs 
of    such   improvements    shall    be    such    as    may    be 
provided  in  the  statutes  by  which  the  same  may  be 
authorized. 

4.  Wharves,   docks,   piers,   chutes,  booms,   ferries, 
bridges,    toll    roads,    byroads,    plank    and    turnpike 
roads;  paths  and  roads   either  on  the   surface,   ele- 
vated,  or   depressed,   for   the   use   of  bicycles,   tri- 
cycles,   motorcycles    and    other    horseless    vehicles, 
steam,  electric  and  horse  railroads,  canals,  ditches, 
dams,    pondings,    flumes,    aqueducts    and    pipes    for 
irrigation,    public    transportation,    supplying    mines 
and  farming  neighborhoods  with  water,  and  drain- 
ing and  reclaiming  lands,  and  for  floating  logs  and 
lumber  on  streams  not  navigable. 

5.  Eoads,     tunnels,     ditches,    flumes,     pipes     and 
dumping   places    for   working   mines;    also    outlets, 
natural  or  otherwise,  for  the  flow,  deposit,  or  con- 
duct of  tailings  or  refuse  matter  from  mines;  also 
an   occupancy   in   common   by   the    owners   or   pos- 


114  EOAD  LAWS. 

sessors  of  different  mines  of  any  place  for  the 
flow,  deposit,  or  conduct  of  tailings  or  refuse 
matter  from  their  several  mines. 

6.  Byroads  leading  from  highways  to  residences, 
farms,    mines,    mills,    factories    and    buildings    for 
operating    machinery,    or    necessary    to    reach    any 
property  used  for  public  purposes. 

7.  Telegraph    and   telephone   lines,    systems    and 
plants. 

8.  Sewerage    of   any  incorporated   city,   city   and 
county,  or  of  any  village   or  town,   whether  incor- 
porated or  unincorporated,  or  of  any  settlement  con- 
sisting  of   not    less   than   ten  families,   or   of    any 
buildings,  belonging  to  the  state,  or  to  any  college 
or  university,  also   the   connection   of  private   resi- 
dences and  other  buildings,  through  other  property, 
with  the  mains  of  an  established  sewer  system  in 
any  such  city,  city  and  county,  town  or  village. 

9.  Eoads   for   transportation   by   traction   engines 
or  road  locomotives. 

10.  Oil  pipe  lines. 

11.  Eoads   and  flumes   for   logging   or   lumbering 
purposes. 

12.  Canals,     reservoirs,     dams,     ditches,     flumes, 
aqueducts,  pipes  and  outlets,  natural  or  otherwise, 
for     supplying,     storing     and     discharging     water 
for    the    operation    of    machinery    for    the    purpose 
of   generating  and   transmitting  electricity  for  the 
supply    of     mines,     quarries,     railroads,    tramways, 
mills   and  factories   with   electric   power;    and   also 
for   the   applying   of    electricity   to   light     or    heat 
mines,  quarries,  mills,  factories,  incorporated  cities 
and  counties,  villages   or  towns;   and  also  for  fur- 
nishing  electricity   for   lighting,   heating   or   power 
purposes    to    individuals    or    corporations,    together 
with  lands,  buildings  and  all  other  improvements  in 
or    upon    which    to    erect,    install,    place,    use    or 
operate   machinery   for   the    purpose    of    generating 
and   transmitting   electricity   for    any   of    the    pur- 
poses or  uses  above  set  forth. 


ROAD  LAWS.  115 

13.  Electric  power  lines,  electric  heat  lines,  elec- 
tric light  lines,  electric  light,  heat  and  power  lines, 
and  works  or  plants,  for  the  generation,  transmis- 
sion or   distribution   of   electricity  for  the  purpose 
of  furnishing   or   supplying   electric   light,   heat   or 
power    to    any    county,    city   and    county    or   incor- 
porated city  or  town,  or  the  inhabitants  thereof. 

14.  Cemeteries   for   the   burial   of   the   dead,   and 
enlarging  and  adding  to  the  same  and  the  grounds 
thereof. 

15.  The  plants  or  any  part  thereof  or  any  record 
therein,  of   all  persons,  firms   or  corporations  here- 
tofore, now  or  hereafter  engaged  in  the  business  of 
searching     public     records,     or     publishing     public 
records   or  insuring  or  guaranteeing   titles   to   real 
property,  including  all  copies  of,  and  all  abstracts 
or  memoranda  taken  from,  public  records,  which  are 
owned  by,  or  in  the  possession  of  such  persons,  firms 
or  corporations,  or  which  are  used  by  them  in  their 
respective   business;      provided,    however,   that   the 
right   of   eminent  domain  in  behalf   of   the   public 
uses   mentioned   in   this   subdivision  may   be    exer- 
cised only  for  the  purpose  of  restoring  or  replacing, 
in  whole  or  in  part,  public  records,  or  the  substance 
of  public   records,   of   any   city,   city   and   county, 
county  or  other  municipality,  which  records   have 
been,   or   may   hereafter  be,  lost   or   destroyed  by 
conflagration  or  other  public  calamity;  and  provided 
further,  that  such  right  shall  be  exercised  only  by 
the  city,  city  and  county,  county  or  municipality, 
whose  records,  or  part  of  whose  records,  have  been, 
or  may  be,  so  lost  or  destroyed. 

16.  Expositions  or  fairs  in  aid  of  which  the  grant- 
ing of  public  moneys   or  other  thing  of  value  has 
been  authorized  by  the  constitution. 

17.  Works  or  plants  for  supplying  gas,  heat,  re- 
frigeration or  power  to  any  county,  city  and  county, 
or   incorporated    city    or   town,    or   the   inhabitants 
thereof,    together    with    lands,    buildings,    and    all 


116  BO  AD  LAWS. 

other  improvements  in  or  upon  which  to  erect,  in 
stall,  place,  maintain,  use  or  operate  machinery,  ap- 
pliances, works  and  plants  for  the  purpose  of  gen- 
erating, transmitting  and  distributing  the  same. 
[Amendment  approved  April  28,  1911;  in  effect  im- 
mediately; all  conflicting  acts  repealed.] 

51  Cal.  271,  272;  69  Gal.  301,  302;  79  Cal.  165; 
87  Cal.  232;  91  Cal.  255;  143  Cal.  570;  148  Cal. 
589;  151  Cal.  267,  268;  152  Cal.  306,  307,  308;  157 
Cal.  76;  2  Cal.  App.  26,  559;  3  Cal.  App.  674,  675; 
5  Cal.  App.  730;  13  Cal.  App.  408,  501;  (sub.  3)  62 
Cal.  182,  183;  67  Cal.  660;  92  Cal.  531;  95  Cal.  Ill, 
112;  98  Cal.  622;  119  Cal.  165;  132  Cal.  237;  2  Cal. 
App.  26;  13  Cal.  App.  410,  411;  (sub.  4)  53  Cal. 
227;  56  Cal.  296;  76  Cal.  370;  79  Cal.  161,  550;  97 
Cal.  679;  111  Cal.  227;  134  Cal.  414;  136  Cal.  49; 
144  Cal.  214;  2  Cal.  App.  26,  258;  5  Cal.  App.  174; 
(sub.  5)  51  Cal.  271,  272;  63  Cal.  73;  73  Cal.  484, 
485;  108  Cal.  90;  (sub.  8)  91  Cal.  248,  253;  (sub. 
12)  13  Cal.  App.  408,  409,  418,  419,  422;  13  Cal.  App. 
501;  (sub.  13)  13  Cal.  App.  408,  409,  418,  419,  422; 
13  Cal.  App.  501. 

§  1239.  The  following  is  a  classification  of  the 
estates  and  rights  in  lands  subject  to  be  taken  for 
public  use: 

1.  A  fee  simple,  when  taken  for  public  buildings 
or  grounds,  or  for  permanent  buildings,  for  reser- 
voirs and  dams,  and  permanent  flooding  occasioned 
thereby,  or  for  an  outlet  for  a  flow,  or  a  place  for 
the  deposit  of  debris  or  tailings  of  a  mine; 

2.  An  easement,  when  taken  for  any  other  use; 
provided,  however,  that  when  the  taking  is  by  a 
municipal   corporation,   and   is   for   the   purpose    of 
constructing,     equipping,     using,     maintaining     or 
operating  any  works,  road,  railroad,  tramway,  power 
plant,  telephone  line,   or  other  necessary  works   or 
structures,      for      the      preparation,      manufacture, 
handling   or   transporting   of   any   material   or   sup- 
plies required  in  the  construction  or  completion  by 
such  municipal  corporation  of  any  public  work,  im- 


EOAD  LAWS.  117 

provement,  or  utility,  a  fee  simple  may  be  taken 
if  the  legislative  body  of  such  municipal  corpora- 
tion shall,  by  resolution,  determine  the  taking 
thereof  to  be  necessary. 

3.  The  right  of  entry  upon  and  occupation  of 
lands  and  the  right  to  take  therefrom  such  earth, 
gravel,  stones,  trees,  and  timber  as  may  be  neces- 
sary for  some  public  use.  [Amendment  approved 
April  5,  1911.] 

56  Cal.  10;  62  Cal.  183,  184;  67  Cal.  60,  660; 
92  Cal.  531;  124  Cal.  616;  13  Cal.  App.  420,  423; 
(sub.  3)  111  Cal.  229. 

§  1240.  The  private  property  which  may  be 
taken  under  this  title  includes: 

1.  All  real   property  belonging  to   any  person; 

2.  Lands   belonging  to   this   state,  including  tide 
and    submerged    lands,    not    within    the    corporate 
limits  of  any  city,   or  city  and  county,  or  to   any 
county,    incorporated    city,    or    city     and     county, 
village   or   town,   not    appropriated   to   some   public 
use; 

3.  Lands    belonging    to    the    United     States     or 
owned  or  held  by  the   United   States   in   trust,  or 
otherwise,  for  any  purpose,  except  lands  owned  or 
held  for  light  houses,  post  offices,  or  other  govern- 
ment   buildings,    forts,    arsenals,    or    other    military 
purposes; 

4.  Property  appropriated  to  public  use;  but  such 
property    shall    not    be    taken    unless    for    a    more 
necessary   public    use    than    that    to    which   it    has 
been  already  appropriated;  provided  that  where  any 
such  property  has  been  so  appropriated  by  any  in- 
dividual, firm  or  private  corporation,  the  use  there- 
of for  a  public   street   or  highway   of   a  municipal 
corporation,  or  the  use  thereof  by  a  municipal  cor- 
poration for  the  same  public  purpose  to  which  it  has 
been  so  appropriated,  shall  be  deemed  more  neces- 
sary uses  than  the  public  use  to  which  such  property 
has  been  already  appropriated;   and  provided,  fur- 


118  EOAD  LAWS. 

ther,  that  where  property  already  appropriated  to  a 
public  use  or  purpose,  by  any  person,  firm  or  pri- 
vate corporation,  is  sought  to  be  taken  by  a  munici- 
pal corporation,  for  another  public  use  or  purpose, 
which  is  consistent  with  the  continuance  of  the 
use  of  such  property  or  some  portion  thereof  for 
such  existing  purpose,  to  the  same  extent  as  such 
property  is  then  used,  or  to  a  less  or  modified  ex- 
tent, then  the  right  to  use  such  property  for  such 
proposed  public  purpose,  in  common  with  such  other 
use  or  purpose,  either  as  then  existing,  or  to  a 
less  or  modified  extent,  may  be  taken  by  such 
municipal  corporation,  and  the  court  may  fix  the 
terms  and  conditions  upon  which  such  property  may 
be  so  taken,  and  the  manner  and  extent  of  the  use 
thereof  for  each  of  such  public  purposes,  and  may 
order  the  removal  or  relocation  of  any  structures 
or  improvements  therein  or  thereon,  so  far  as  may 
be  required  by  such  common  use. 

5.  Franchises     for     toll-roads,     toll-bridges,     and 
ferries,    and    all    other   franchises;    but    such   fran- 
chises shall  not  be  taken  unless  for  free  highways, 
railroads,  or  other  more  necessary  public  use; 

6.  All   rights   of   way  for   any   and  all   the   pur- 
poses   mentioned    in    section    twelve    hundred    and 
thirty-eight,    and   any    and   all    structures    and   im- 
provements on,  over,  across  or  along  such  rights  of 
way,  and  the  lands  held  or  used  in  connection  there- 
with shall  be  subject  to  be  connected  with,  crossed, 
or    intersected   by   or    embraced   within   any    other 
right     of     way     or     improvements,     or     structures 
thereon.     They  shall   also   be  subject  to  a  limited 
use,    in    common    with    the    owner    thereof,    when 
necessary;    but    such   uses,    crossings,    intersections, 
and    connections    shall    be    made    in    manner    most 
compatible    with    the    greatest    public    benefit    and 
least  private  injury; 

No  railroad  main  track  crossing,  outside  the 
limits  of  any  incorporated  town,  city  or  city  and 
county  shall  be  at  grade,  unless  the  party  propos- 


BOAD  LAWS.  119 

ing  such  crossing  at  grade  shall,  at  its  own  sole 
cost  and  expense,  protect  such  crossing  by  the 
construction,  operation  and  maintenance  of  an  in- 
terlocking plant,  with  suitable  signals  and  derails; 
but  either  party  to  such  crossing  may  insist  upon 
a  separation  of  grades,  in  which  case  the  cost  of 
constructing  such  crossing  with  separate  grades 
shall  be  equally  divided  between  the  railroad 
companies  concerned;  and  provided  further  that 
where  any  such  crossing  has  been  constructed  at 
grade,  either  company  may,  at  any  time  thereafter, 
require  a  separation  of  the  grades  at  such  cross- 
ing, each  company  paying  one-half  of  the  expense 
of  such  separation;  and  provided  further  that  the 
foregoing  provisions  shall  not  be  construed  as  re- 
quiring a  separation  of  grades  where  such  separa- 
tion is  physically  impracticable,  and  in  case  of  any 
dispute  or  controversy  as  to  the  physical  practica- 
bility of  any  under-grade  or  overhead  crossing,  the 
same  shall  be  determined  by  the  Superior  Court 
of  the  county  in  which  such  crossing  is  situate  in 
an  action  or  proceeding  brought  by  either  party  for 
that  purpose. 

7.  All  classes  of  private  property  not  enumerated 
may  be  taken  for  public  use,  when  such  taking  is 
authorized  by  law. 

8.  Proceedings    to    condemn    lands    belonging    to 
this    state    are    hereby    authorized,    and    must    be 
maintained  and  conducted  in  the  same  manner  as 
are    other   condemnation   proceedings   provided"  for 
in  this  title;   except,  that  in  such  proceedings  the 
summons    and    a    copy    of    the    complaint    must    be 
served    on    the    Governor,    Attorney-General,    and 
Surveyor-General  of  this  State. 

9.  Proceedings    to    condemn    any    of    said    lands 
belonging  to   the  United   States  or  owned  or  held 
by   the    United   States    in   trust,   or   otherwise,   for 
any  purpose,  are   hereby  authorized,   and   must  be 
maintained  and  conducted  in  the  same  manner  as 


120  ROAD  LAWS. 

are  other  condemnation  proceedings  provided  for 
in  this  title;  except,  that  in  such  proceedings,  the 
summons  and  a  copy  of  the  complaint  must  be 
served  on  the  United  States  District  Attorney 
for  the  district  in  which  the  land  sought  to  be  con- 
demned is  situated  and  also  upon  the  United 
States  Surveyor-General  for  this  State.  [Amend- 
ment approved  April  5,  1911;  all  conflicting  acts 
repealed;  in  effect  immediately.] 

62  Cal.  183;  111  Cal.  230;  151  Cal.  266;  1  Cal. 
App.  144;  2  Cal.  App.  560;  13  Cal.  App.  409,  410, 
411,  420,  421,  422,  423,  424;  (sub.  1)  145  Cal.  587, 
588;  (sub.  2)  145  Cal.  587,  588;  151  Cal.  266,  267; 
(sub.  3)  111  Cal.  227;  145  Cal.  587,  588;  (sub.  5) 
151  Cal.  267,  268,  270. 

§  1241.  Before  property  can  be  taken,  it  must 
appear: 

1.  That  the  use  to  which  it  is  to  be  applied  is  a 
use  authorized  by  law; 

2.  That  the  taking  is  necessary  to  such  use; 

3.  If    already   appropriated    to    some    public    use, 
that  the  public  use  to  which  it  is  to  be  applied  is  a 
more    necessary   public    use;    provided,   that    where 
such  property  has  been  so  appropriated  by  any  in- 
dividual, firm  or  private  corporation,  the  use  thereof 
for  a  public  street  or  highway  of  a  municipal  cor- 
poration,   or   the   use   thereof   by   a   municipal   cor- 
poration for  the   same  public  purpose   to  which   it 
has    been   so    appropriated,    shall    be    deemed    more 
necessary  uses   than  the  public  use   to  which  such 
property  has  been  already  appropriated.      [Amend- 
ment  approved   April   5,    1911;    all   conflicting   acts 
repealed;   in   effect   immediately.] 

50  Cal.  506;  64  Cal.  131;  67  Cal.  62;  68  Cal.  63; 
71  Cal.  480;  79  Cal.  161;  91  Cal.  253;  3  Cal.  App. 
676;  5  Cal.  App.  730;  13  Cal.  App.  407,  420,  421, 
501;  (sub.  3)  91  Cal.  256;  3  Cal.  App.  678. 

§  1242.  In  all  cases  where  land  is  required  for 
public  use,  the  State,  or  its  agents  in  charge  of 


ROAD  LAWS.  121 

such  use,  may  survey  and  locate  the  same;  but 
it  must  be  located  in  the  manner  which  will  be 
most  compatible  with  the  greatest  public  good  and 
the  least  private  injury,  and  subject  to  the  pro- 
visions of  section  twelve  hundred  and  forty-seven. 
The  State,  or  its  agents  in  charge  of  such  public 
use,  may  enter  upon  the  land  and  make  examina- 
tion, surveys  and  maps  thereof,  and  such  entry 
shall  constitute  no  cause  of  action  in  favor  of  the 
owners  of  the  land,  except  for  injuries  resulting 
from  negligence,  wantonness,  or  malice. 

76  Gal.  412,  413;  91  Cal.  255;  122  Cal.  603;  129 
Cal.  11;  133  Cal.  399;  2  Cal.  App.  558;  13  Cal. 
App.  505. 

§  1243.  All  proceedings  under  this  title  must 
be  brought  in  the  Superior  Court  of  the  county 
in  which  the  property  is  situated.  They  must  be 
commenced  by  filing  a  complaint  and  issuing  a 
summons  thereon.  [Amendment  approved  April 
26,  1880;  Amendments  1880,  p.  118.  In  effect  April 
26,  1880.] 

65  Cal.  395,  410;  74  Cal.  263;  76  Cal.  410;  83 
Cal.  496,  497;  87  Cal.  231;  124  Cal.  647;  134  Cal. 
589;  138  Cal.  580,  582. 

§  1244.     The  complaint  must  contain: 

1.  The     name     of     the    corporation,     association, 
commission,  or  person  in  charge  of  the  public  use 
for   which    the    property    is    sought,    who    must    be 
styled  plaintiff; 

2.  The    names    of    all    owners    and    claimants    of 
the  property,  if  known,  or  a  statement  that  they 
are   unknown,  who   must  be  styled  defendants; 

3.  A  statement  of  the  right  of  the  plaintiff; 

4.  If   a   right   of   way  be   sought,   the   complaint 
must    show    the    location,    general    route,    and    ter- 
mini, and  must  be  accompanied  with  a  map  thereof, 
so   far   as   the   same   is   involved   in  the   action   or 
proceeding; 


122  ROAD  LAWS. 

5.  A  description  of  each  piece  of  land  sought  to 
be  taken,  and  whether  the  same  includes  the 
whole  or  only  a  part  of  an  entire  parcel  or  tract. 
All  parcels  lying  in  the  county,  and  required  for 
the  same  public  use,  may  be  included  in  the  same 
or  separate  proceedings,  at  the  option  of  the  plaintiff, 
but  the  court  may  consolidate  or  separate  them  to 
suit  the  convenience  of  parties. 

When  application  for  the  condemnation  of  a 
right  of  way  for  the  purposes  of  sewerage  is  made 
on  behalf  of  a  settlement,  or  of  an  incorporated 
village  or  town,  the  Board  of  Supervisors  of  the 
county  may  be  named  as  plaintiff.  [Amendment 
approved  April  26,  1880;  Stats.  1880,  p.  118.  In 
effect  April  26,  1880.] 

67  Cal.  60,  61,  64;  83  Cal.  510;  87  Cal.  233;  124 
Gal.  609;  132  Cal.  236;  134  Cal.  416;  152  Cal.  308; 
1  Cal.  App.  144,  178,  180;  2  Cal.  App.  554;  13  Cal. 
App.  502;  14  Cal.  App.  789;  (sub.  4)  91  Cal.  252; 
122  Cal.  602;  134  Cal.  414;  (sub.  5)  76  Cal,  413; 
122  Cal.  602;  1  Cal.  App.  182. 

§  1245.  The  clerk  must  issue  a  summons,  which 
must  contain  the  names  of  the  parties,  a  general 
description  of  the  whole  property,  a  statement  of 
the  public  use  for  which  it  is  sought,  and  a  refer- 
ence to  the  complaint  for  descriptions  of  the 
respective  parcels,  and  a  notice  to  the  defendants 
to  appear  and  show  cause  why  the  property  de- 
scribed should  not  be  condemned  as  prayed  for  in 
the  complaint.  In  all  other  particulars  it  must  be 
in  the  form  of  a  summons  in  civil  actions,  and 
must  be  served  in  like  manner. 

150  Cal.  325;  1  Cal.  App.  144. 

§  1246.  All  persons  in  occupation  of,  or  having 
or  claiming  an  interest  in,  any  of  the  property 
described  in  the  complaint,  or  in  the  damages  for 
the  taking  thereof,  though  not  named,  may  appear, 
plead,  and  defend,  each  in  respect  to  his  own  prop- 


KOAD  LAWS.  123 

erty   or   interest,   or  that   claimed  by   him,   in   like 
manner  as  if  named  in  the  complaint. 
87  Cal.  255;  124  Cal.  609. 

§  1247.     The   court  shall  have  power: 

1.  To  regulate  and  determine  the  place  and  man- 
ner   of    making    connections    and    crossings,    or    of 
enjoying   the    common   use    mentioned   in    the    fifth 
subdivision    of   section   twelve   hundred   and  forty; 

2.  To  hear  and  determine  all  adverse  or  conflict- 
ing claims  to  the  property  sought  to  be  condemned, 
and  to  the  damages  therefor; 

3.  To    determine   the   respective   rights   of    differ- 
ent   parties    seeking    condemnation    of     the    same 
property. 

76  Cal.  412;  124  Cal.  609,  613. 

§  1247a.  The  court  shall  also  have  power  to  regu- 
late and  determine  the  place  and  manner  of  re- 
moving or  relocating  structures  or  improvements,  or 
of  enjoying  the  common  use  mentioned  in  the  fourth 
subdivision  of  section  twelve  hundred  and  forty. 
[New  section  approved  April  5,  1911;  all  conflict- 
ing acts  repealed;  in  effect  immediately.] 

§  1248.  The  court,  jury,  or  referee  must  hear 
such  legal  testimony  as  may  be  offered  by  any  of 
the  parties  to  the  proceedings,  and  thereupon  must 
ascertain  and  assess: 

1.  The  value   of  the   property  sought   to   be   con- 
demned,  and   all   improvements   thereon   pertaining 
to  the  realty,  and  of  each  and  every  separate  estate 
or  interest  therein;   if  it   consists  of   different  par- 
cels, the  value   of  each  parcel   and  each   estate  or 
interest  therein  shall  be  separately  assessed; 

2.  If  the  property  sought  to  be  condemned  con- 
stitutes only  a  part  of  a  larger  parcel,  the  damages 
which  will  accrue  to  the  portion  not  sought  to  be 
condemned,   by   reason    of   its   severance   from   the 
portion  sought  to  be  condemned,  and  the  construe- 


124  EOAD  LAWS. 

tion  of  the  improvement  in  the  manner  proposed  by 
the  plaintiff; 

3.  Separately,  how  much  the   portion   not  sought 
to   be  condemned,  and  each  estate  or  interest   therein, 
will  be  benefited,  if  at  all,  by  the  construction  of 
the  improvement  proposed  by  the  plaintiff;   and  if 
the  benefit  shall  be  equal  to  the  damages  assessed 
under  subdivision  two,  the  owner  of  the  parcel  shall 
be  allowed  no  compensation  except  the  value  of  the 
portion  taken;  but  if  the  benefit  shall  be  less  than 
the   damages,   so   assessed,   the   former  shall  be   de- 
ducted from  the  latter,  and  the  remainder  shall  be 
the  only  damages  allowed  in  addition  to  the  value; 

4.  If   the   property   sought    to   be    condemned   be 
water   or   the  use   of  water,   belonging   to   riparian 
owners,    or    appurtenant    to    any   lands,   how   much 
the   lands   of   the   riparian   owner,   or   the   lands   to 
which    the    property    sought    to    be    condemned    is 
appurtenant,  will  be  benefited,  if  at  all,  by  a  diver- 
sion of  water  from  its  natural  course,  by  the  con- 
struction  and   maintenance,  by   the   person   or   cor- 
poration in  whose   favor  the  right  of   eminent  do- 
main is  exercised,  of  works  for  the  distribution  and 
convenient  delivery  of  water  upon  said  lands;  and 
such   benefit,   if   any,   shall   be    deducted   from   any 
damages  awarded  the  owner  of  such  property; 

5.  If  the  property  sought  to  be  condemned  be  for 
a   railroad,   the   cost   of   good   and   sufficient  fences 
along  the   line   of   such   railroad,   and   the   cost   of 
cattle   guards  where   fences  may  cross   the  line  of 
such  railroad; 

6.  If   the  removal   or   relocation   of  structures   or 
improvements   is  sought,   the  cost   of  such   removal 
or  relocation  and  the   damages,  if  any,  which  will 
accrue  by  reason  thereof; 

7.  As  far  as  practicable,  compensation  must  be 
assessed    for    each    source    of    damages    separately. 
[Amendment  approved  April  5,  1911;  all  conflicting 
acts  repealed;   in  effect  immediately.] 

56   Cal.  9;    64   Cal.   Ill;    67   Cal.   64;    68   Cal.   63; 


BOAD  LAWS.  125 

69  Cal.  206;  79  Cal.  551;  83  Cal.  514;  91  Cal.  452; 
104  Cal.  27,  28;  134  Cal.  415;  137  Cal.  622;  1  Cal. 
App.  445;  (sub.  2)  79  Cal.  550;  3  Cal.  App.  13; 
(sub.  3)  79  Cal.  550;  (sub.  4)  64  Cal.  113;  (sub.  5) 
64  Cal.  112;  1  Cal.  App.  181. 

§  1248a.  In  any  proceeding  taken  under  the  pro- 
visions of  this  title,  where  any  railroad,  street  or 
interurban  railway  tracks  are  situated  on,  upon, 
along  or  across  any  lands  or  rights  of  way  sought 
to  be  taken  therein,  for  road,  highway,  boulevard, 
street  or  alley  purposes,  the  plaintiff  shall,  if  the- 
complaint  contains  a  prayer  therefor,  and  shows 
the  matter  hereinafter  provided,  obtain  a  final  judg- 
ment of  condemnation  ordering,  in  addition  to  the 
condemnation  of  such  lands  or  right  of  way  for 
the  purposes  set  forth  in  the  complaint,  the  relo- 
cation or  removal  of  any  railroad,  street  or  inter- 
urban  railway  tracks  thereon.  Where  the  removal 
or  relocation  of  such  tracks  is  sought  in  any  such 
proceeding,  the  complaint  must  contain  a  descrip- 
tion of  the  location  and  proposed  location  of  such 
tracks,  and  must  be  accompanied  by  a  map  show- 
ing such  location  and  the  proposed  location  of  such 
tracks.  The  compensation  to  be  paid  for  such  relo- 
cation or  removal  of  tracks  shall  be  ascertained  and 
assessed  in  the  action,  as  in  other  cases,  and  sepa- 
rately from  other  sources  of  damage.  [New  sec- 
tion approved  April  10,  1911.] 

§  1249.  For  the  purpose  of  assessing  compen- 
sation and  damages,  the  right  thereof  shall  be 
deemed  to  have  accrued  at  the  date  of  the  issuance 
of  summons,  and  its  actual  value,  at  that  date,  shall 
be  the  measure  of  compensation  for  all  property 
to  be  actually  taken,  and  the  basis  of  damages  to 
property  not  actually  taken  but  injuriously  affected, 
in  all  cases  where  such  damages  are  allowed  as 
provided  in  section  one  thousand  two  hundred 
forty-eight;  provided,  that  in  any  case  in  which 
the  issue  is  not  tried  within  one  year  after  the 
date  of  the  commencement  of  the  action,  unless 


120  EOAD  LAWS. 

the  delay  is  caused  by  the  defendant,  the  compen- 
sation and  damages  shall  be  deemed  to  have  ac- 
crued at  the  date  of  the  trial.  Nothing  in  this 
section  contained  shall  be  construed  or  held  to 
affect  pending  litigation.  If  an  order  be  made 
letting  the  plaintiff  into  possession,  as  provided  in 
section  one  thousand  two  hundred  fifty-four,  the 
compensation  and  damages  awarded  shall  draw  law- 
ful interest  from  the  date  of  such  order.  No  im- 
provements put  upon  the  property,  subsequent  to 
the  date  of  the  service  of  summons,  shall  be  in- 
cluded in  the  assessment  of  compensation  or  dam- 
ages. [Amendment  approved  April  10,  1911.] 

61  Cal.  91;  68  Cal.  65;  74  Cal.  262;  83  Cal.  568; 
124  Cal.  643,  644,  648;  156  Cal.  414;  10  Cal.  App. 
380,  381. 

§  1250.  If  the  title  attempted  to  be  acquired  is 
found  to  be  defective  from  any  cause,  the  plain- 
tiff may  again  institute  proceedings  to  acquire  the 
same,  as  in  this  title  prescribed. 

§  1251.  The  plaintiff  must,  within  thirty  days 
after  final  judgment,  pay  the  sum  of  money  as- 
sessed. In  case  the  plaintiff  is  the  State  of  Cali- 
fornia, or  is  a  public  corporation  and  it  appears 
by  affidavit  that  bonds  of  said  state  or  public  cor- 
poration must  be  issued  and  sold  in  order  to  pro- 
vide the  money  necessary  to  pay  the  sum  assessed*, 
then  such  sum  may  be  paid  at  any  time  within  six 
months  from  the  date  of  such  judgment;  provided, 
further,  that  if  the  sale  of  any  such  bonds  cannot 
be  had  by  reason  of  litigation  affecting  the  validity 
thereof,  then  the  time  during  which  such  litigation 
is  pending  shall  not  be  considered  a  part  of  the 
six  months'  time  in  which  such  payment  must  be 
made.  In  case  the  use  is  for  railroad  purposes,  the 
plaintiff  may,  at  the  time  of  or  before  pay- 
ment, elect  to  build  the  fences  and  cattle  guards; 
and  if  he  so  elect,  shall  execute  to  the  defendant 
a  bond,  with  sureties  to  be  approved  by  the  court 
in  double  the  assessed  cost  of  the  same,  to  build 


EOAD  LAWS.  127 

such  fences  and  cattle  guards  within  eighteen 
months  from  the  time  the  railroad  is  built  on  the 
land  taken,  and  if  such  bond  be  given,  need  not 
pay  the  cost  of  such  fences  and  cattle  guards.  In 
an  action  on  such  bond,  the  plaintiff  may  recover 
reasonable  attorney's  fees.  [Amendment  approved 
February  28,  1911.] 

64  Gal.  112,  113;  65  Cal.  294;  67  Cal.  63;  104 
Cal.  27;  129  Cal.  406,  407,  408;  133  Cal.  7;  134 
Cal.  416;  139  Cal.  132,  133. 

§  1252.  Payment  may  be  made  to  the  defend- 
ants entitled  thereto,  or  the  money  may  be  depos- 
ited in  court  for  the  defendants,  and  be  distributed 
to  those  entitled  thereto.  If  the  money  be  not  so 
paid  or  deposited,  the  defendants  may  Tiave  execu- 
tion as  in  criminal  cases,  and  if  the  money  cannot 
be  made  on  execution,  the  court,  upon  a  showing  to 
that  effect,  must  set  aside  and  annul  the  entire 
proceedings,  and  restore  possession  of  the  property 
to  the  defendant,  if  possession  has  been  taken  by 
the  plaintiff. 

64  Cal.  112;  67  Cal.  63;  78  Cal.  81,  82;  129  Cal. 
407;  133  Cal.  7;  139  Cal.  133. 

Payment,  when  to  be  made:    Sees.  1251,  1254. 

§  1253.  When  payments  have  been  made,  and 
the  bond  given,  if  the  plaintiff  elects  to  give  one, 
as  required  by  the  last  two  sections,  the  court  must 
make  a  final  order  of  condemnation,  which  must 
describe  the  property  condemned,  and  the  purposes 
of  such  condemnation.  A  copy  of  the  order  must 
be  filed  in  the  office  of  the  recorder  of  the  county, 
and  thereupon  the  property  described  therein  shall 
vest  in  the  plaintiff  for  the  purposes  therein  speci- 
fied. 

64  Cal.  112;  67;  62;  78  Cal.  369;  132  Cal.  341; 
133  Cal.  7;  134  Cal.  416;  141  Cal.  50;  6  Cal.  App. 
246. 


128  ROAD  LAWS. 

§  1254.  At  any  time  after  trial  and  judgment  en- 
tered or  pending  an  appeal  from  the  judgment  to  the 
supreme  court,  whenever  the  plaintiff  shall  have 
paid  into  court,  for  the  defendant,  the  full  amount 
of  the  judgment,  and  such  further  sum  as  may  be 
required  by  the  court  as  a  fund  to  pay  any  further 
damages  and  costs  that  may  be  recovered  in  said 
proceeding,  as  well  as  all  damages  that  may  be  sus- 
tained by  the  defendant  if  for  any  cause,  the  prop- 
erty shall  not  be  finally  taken  for  public  use,  the 
superior  court  in  which  the  proceeding  was  tried 
may,  upon  notice  of  not  less  than  ten  days,  author- 
ize the  plaintiff  if  already  in  possession,  to  con- 
tinue therein,  and  if  not,  then  to  take  possession 
of  and  use  the  property  during  the  pendency  of 
and  until  the  final  conclusion  of  the  litigation,  and 
may,  if  necessary,  stay  all  actions  and  proceedings 
against  the  plaintiff  on  account  thereof.  The  de- 
fendant, who  is  entitled  to  the  money  paid  into 
court  for  him  upon  any  judgment,  shall  be  entitled 
to  demand  and  receive  the  same  at  any  time  there- 
after upon  obtaining  an  order  therefor  from  the 
court.  It  shall  be  the  duty  of  the  court,  or  a  judge 
thereof,  upon  application  being  made^by  such  de- 
fendant, to  order  and  direct  that  the  money  so  paid 
into  court  be  delivered  to  him  upon  his  filing  a 
satisfaction  of  the  judgment,  or  upon  filing  his  re- 
ceipt therefor,  and  an  abandonment  of  all  defenses 
to  the  action  or  proceeding,  except  as  to  the  amount 
of  damages  that  he  may  be  entitled  to  in  the  event 
that  a  new  trial  shall  be  granted.  A  payment  to 
a  defendant,  as  aforesaid,  shall  be  held  to  be  an 
abandonment  by  such  defendant  of  all  defenses  in- 
terposed by  him,  excepting  his  claim  for  greater 
compensation.  In  ascertaining  the  amount  to  be  paid 
into  court,  the  court  shall  take  care  that  the  same 
be  sufficient  and  adequate.  The  payment  of  the 
money  into  court,  as  hereinbefore  provided  for, 
shall  not  discharge  the  plaintiff  from  liability  to 
keep  the  said  fund  full  and  without  diminution; 


EOAD  LAWS.  129 

but  such  money  shall  be  and  remain,  as  to  all  acci- 
dents, defalcations  or  other  contingencies  (as  be- 
tween the  parties  to  the  proceedings),  at  the  risk  of 
the  plaintiff,  and  shall  so  remain  until  the  amount 
of  the  compensation  or  damages  is  finally  settled 
by  judicial  determination,  and  until  the  court 
awards  the  money,  or  such  part  thereof  as  shall  be 
determined  upon,  to  the  defendant,  and  until  he  is 
authorized  or  required  by  rule  of  court  to  take  it. 
If,  for  any  reason,  the  money  shall  at  any  time  be 
lost,  or  otherwise  abstracted  or  withdrawn,  through 
no  fault  of  the  defendant,  the  court  shall  require 
the  plaintiff  to  make  and  keep  the  sum  good  at  all 
times  until  the  litigation  is  finally  brought  to  an 
end,  and  until  paid  over  or  made  payable  to  the 
defendant  by  order  of  court,  as  above  provided, 
and  until  such  time  or  times  the  County  Clerk  shall 
be  deemed  to  be  the  custodian  of  the  money,  and 
shall  be  liable  to  the  plaintiff  upon  his  official 
bond  for  the  same,  or  any  part  thereof,  in  case  it 
be  for  any  reason  lost  or  otherwise  abstracted  or 
withdrawn.  The  court  may  order  the  money  to  be 
deposited  in  the  State  treasury,  and  in  such  case  it 
shall  be  the  duty  of  the  State  Treasurer  to  receive 
all  such  moneys,  duly  receipt  for,  and  to  safely 
keep  the  same  in  a  special  fund,  to  be  entered  on 
his  books  as  a  condemnation  fund  for  such  pur- 
pose, and  for  such  duty  he  shall  be  liable  to  the 
plaintiff  upon  his  official  bond.  The  State  Treas- 
urer shall  pay  out  such  money  so  deposited  in  such 
manner  and  at  such  times  as  the  court,  or  a  judge 
thereof,  may,  by  order  or  decree,  direct.  In  all 
cases  where  a  new  trial  has  been  granted  upon  the 
application  of  the  defendant,  and  he  has  failed 
upon  such  trial  to  obtain  greater  compensation 
than  was  allowed  him  upon  the  first  trial,  the  costs 
of  such  new  trial  shall  be  taxed  against  him. 
[Amendment  approved  March  9,  1903.  In  effect  in 
sixty  days.] 

47  Cal.  70,  519,  520,  523;  49  Cal.  241;  53  Cal.  211; 


130  EOAD  LAWS. 

65  Cal.  376;  77  Cal.  29;  78  Cal.  81,  444,  448;  83  Cal. 
567;  95  Cal.  221,  223;  103  Cal.  235;  104  Cal.  22,  24; 
133  Cal.  532;  137  Cal.  575,  576,  578;  138  Cal.  544; 
141  Cal.  48;  151  Cal.  273,  274,  275,  277.  L  Cal.  App. 
181. 

Interest:     Sec.  1249,  ante. 

§  1255.  Costs  may  be  allowed  or  not,  and  if  al- 
lowed, may  be  apportioned  between  the  parties  on 
the  same  or  adverse  sides,  in  the  discretion  of  the 
court. 

88  Cal.  67,  68;  98  Cal.  262;  104  Cal.  22,  23;  125 
Cal.  106;  133  Cal.  7;  139  Cal.  136. 

§  1255a.  Plaintiff  may  abandon  the  proceedings 
at  any  time  after  filing  the  complaint  and  before 
the  expiration  of  thirty  days  after  final  judgment, 
by  serving  on  defendant  and  filing  in  court  a  written 
notice  of  such  abandonment;  and  failure  to  comply 
with  section  1251  of  this  code  shall  constitute  an 
implied  abandonment  of  the  proceeding.  Upon 
such  abandonment,  express  or  implied,  on  motion  of 
defendant,  a  judgment  shall  be  entered  dismissing 
the  proceeding  and  awarding  the  defendant  his  costs 
and  disbursements,  which  shall  include  all  necessary 
expenses  incurred  in  preparing  for  trial  and  rea- 
sonable attorney  fees.  These  costs  and  disburse- 
ments, including  expenses  and  attorney  fees,  may  be 
claimed  in  and  by  a  cost  bill,  to  be  prepared,  served, 
filed  and  taxed  as  in  civil  actions;  provided,  that 
said  costs  and  disbursements  shall  not  include  ex- 
penses incurred  in  preparing  for  trial  where  the  said 
action  is  dismissed  forty  days  prior  to  the  time  set 
for  the  trial  of  the  said  action.  [New  section  ap- 
proved March  17,  1911.] 

§  1256.  Except  as  otherwise  provided  in  this  title, 
the  provisions  of  part  two  of  this  code  are  applica- 
ble to  and  constitute  the  rules  of  practice  in  the 
proceedings  mentioned  in  this  title. 

50  Cal.  506;  67  Cal.  62;  74  Cal.  265;  134  Cal.  377; 
138  Cal.  582;  10  Cal.  App.  381. 


EGAD  LAWS.  131 

§  1257.  The  provisions  of  Part  II  of  this  code, 
relative  to  new  trials  and  appeals,  except  in  so  far 
as  they  are  inconsistent  with  tuo  provisions  of  this 
title,  apply  to  the  proceedings  mentioned  in  this 
title;  provided,  that  upon  the  payment  of  the  sum 
of  money  assessed,  and  upon  the  execution  of  the 
bond  to  build  the  fences  and  cattle-guards,  as  pro- 
vided in  Section  1251,  the  plaintiff  shall  be  entitled 
to  enter  into,  improve  and  hold  possession  of  the 
property  sought  to  be  condemned  (if  not  already  in 
possession),  as  provided  in  Section  1254,  and  devote 
the  same  to  the  public  use  in  question;  and  no  mo- 
tion for  a  new  trial  or  appeal  shall,  after  such  pay- 
ment and  filing  of  such  bond  as  aforesaid,  in  any 
manner  retard  the  contemplated  improvement.  Any 
money  which  shall  have  been  deposited,  as  provided 
in  Section  1254,  may  be  applied  to  the  payment  of 
the  money  assessed,  and  the  remainder,  if  any  there 
be,  shall  be  returned  to  the  plaintiff.  [Amendment 
approved  March  9,  1905.  In  effect  in  sixty  days.] 
~59  Gal.  90;  104  Cal.  27;  10  Cal.  App.  381. 

§  1258.  With  relation  to  the  acts  passed  at  the 
present  session  of  the  Legislature,  this  title  must 
be  construed  in  the  same  manner  as  if  this  code 
had  been  passed  on  the  last  day  of  this  session, 
and  from  and  after  the  time  this  code  takes  effect, 
all  the  laws  of  this  State  in  relation  to  the  taking 
of  private  property  for  public  uses  are  abolished, 
and  all  proceedings  had  in  the  exercise  of  the 
powers  of  eminent  domain  must  conform  to  the  pro- 
visions of  this  title. 

§  1259.  Title  seven  of  part  three  of  the  Code  of 
Civil  Procedure  of  the  State  of  California  (this 
title)  shall  be  in  force  and  effect  from  and  after 
the  fourth  day  of  April,  one  thousand  eight  hundred 
and  seventy-two. 

§  1260.  From  and  after  the  time  this  title  takes 
effect,  it  must  be  construed  in  the  same  manner  as 


132  EOAD  LAWS. 

it  would  he  were  sections  four  and  seventeen  of  this 
Code  in  force  and  effect. 

§  1261.  No  proceeding  to  enforce  the  right  of 
eminent  domain  commenced  before  this  title  takes 
effect  is  affected  by  the  provisions  of  this  title. 

§  1262.  Until  the  first  day  of  January,  one  thou- 
sand eight  hundred  and  seventy-three,  at  twelve 
o'clock  noon,  the  provisions  of  sections  twelve  hun- 
dred and  fifty-six  and  twelve  hundred  and  fifty- 
seven  of  this  title  are  suspended;  and  until  then, 
except  as  otherwise  provided  in  this  title,  the  rules 
of  pleading  and  practice  in  civil  actions  now 
in  force  in  this  State  are  applicable  to  the  proceed- 
ings mentioned  in  this  title,  and  constitute  the  rules 
of  pleading  and  practice  therein. 

10  Cal.  App.  381. 

§  1263.  Nothing  in  this  Code  must  be  construed 
to  abrogate  or  repeal  any  statute  providing  for  the 
taking  of  property  in  any  city  or  town  for  street 
purposes. 

66  Cal.  506;.  79  Cal.  161;  87  CaL  231;  91  Cal.  247, 
248. 

§  1264.  In  all  actions  brought  under  the  provi- 
sions of  this  title,  to  enforce  the  right  of  eminent 
domain,  all  courts  wherein  such  actions  are  or  may 
hereafter  be  pending,  shall  give  such  actions  prefer- 
ence over  all  other  civil  actions  therein,  in  the  mat- 
ter of  setting  the  same  for  hearing  or  trial,  and  in 
hearing  the  same,  to  the  end  that  all  such  actions 
shall  be  quickly  heard  and  determined.  [New  sec- 
tion approved  March  16,  1903.  Stats.  1903,  p.  165.] 


PROVISIONS 


PENAL    CODE. 


KOAD  LAWS.  135 


CRIMES   AND   MISDEMEANORS. 
Injuries  to  persons,  pp.   135-137. 

Crimes  against  public   health  and  safety,   pp.   137-140. 
Malicious     injuries     to     railroad     bridges,      highways, 
etc.,    pp.   140-145. 

INJURIES   TO  PERSONS. 

§  273h.  One  convicted  of  abandoning  wife  or  children 
may  be  sentenced  to  work  on  roads — pay- 
ment for  work  to  be  made  to  wife  or  children. 

§  273h.  In  all  prosecutions  under  the  provisions 
of  either  section  270  or  section  270a,  or  section 
270b,  or  section  271,  or  section  271a  of  this  code 
where  a  conviction  is  had  and  sentence  of  imprison- 
ment in  the  county  jail  is  imposed,  the  court  may 
direct  that  the  person  so  convicted  shall  be  com- 
pelled to  work  upon  the  public  roads  or  highways, 
or  any  other  public  work,  in  the  county  where  such 
conviction  is  had,  during  the  term  of  such  sentence. 
And  it  shall  be  the  duty  of  the  board  of  super- 
visors of  the  county  where  such  conviction  and 
sentence  are  had,  and  where  such  work  is  per- 
formed by  a  person  under  sentence  to  the  county 
jail,  to  allow  and  order  the  payment  out  of  any 
fund  available  to  the  wife,  or  to  the  guardian,  or 
to  the  custodian  of  a  child  or  children,  or  to  an 
organization,  or  to  an  individual  appointed  by  the 
court  as  trustee,  at  the  end  of  each  calendar  month, 
for  the  support  of  such  wife,  child  or  children, 
a  sum  not  to  exceed  one  and  50-100  dollars  for 
each  day's  work  of  such  person.  [New  section  ap- 
proved April  6,  1911.] 

(The  sections  in  this  section  referred  to  relate 
to  the  abandonment  and  non-support  of  wife  or 
child.) 

OTHER   INJURIES   TO   PERSONS. 
§  367c.     Motor  vehicles;   collision  with  person  or  other 

vehicle;  duty  of  driver. 
§  367d.     Motor    vehicles;    intoxication    while    operating 

same,  misdemeanor. 
§  367e.     Motor    vehicles;    penalty    for    neglect    of    duty 

through  intoxication. 

§  367c.     Whenever  an  automobile,  motor  cycle,  or 


136  ROAD  LAWS. 

other  motor  vehicle  strikes  any  person,  or  collides 
with  any  vehicle  containing  a  person,  the  driver  of, 
and  all  persons  in  such  automobile,  motor  cycle  or 
other  motor  vehicle  who  have  or  assume  authority 
over  such  driver,  shall  immediately  cause  such  auto- 
mobile, motor  cycle  or  other  motor  vehicle  to  stop, 
and  shall  forthwith  render  to  the  person  struck,  or 
to  the  occupants  of  such  vehicle,  all  needed  assist- 
ance, including  the  carrying  of  such  person  or  occu- 
pant to  a  physician  or  surgeon  for  medical  or 
surgical  treatment,  if  such  treatment  seems  to  be  re- 
quired, or  if  such  carrying  is  requested  by  the  person 
struck  or  occupying  such  vehicle;  and  such  driver 
and  person  having  or  assuming  authority  over  him, 
shall  forthwith  give  to  the  occupants  of  such  vehicle 
or  person  struck,  the  number  of  such  automobile, 
motor  cycle  or  other  motor  vehicle,  with  the  name 
and  address  of  the  driver  and  of  each  person  in  such 
automobile,  motor  cycle  or  other  motor  vehicle  at 
the  time  of  such  striking  or  collision.  Any  person 
violating  any  provision  of  this  section  is  punishable 
by  imprisonment  in  the  state  prison  not  exceeding 
five  years,  or  in  the  county  jail  not  exceeding  one 
year,  or  by  fine  not  exceeding  five  thousand  dollars, 
or  by  both  such  fine  and  imprisonment.  [New  sec- 
tion, approved  February  20,  1911.] 

§  367d.  Any  person  operating  or  driving  an  auto- 
mobile, motor  cycle  or  other  motor  vehicle  who  be- 
comes or  is  intoxicated  while  so  engaged  in  operat- 
ing or  driving  such  automobile,  motor  cycle  or  other 
motor  vehicle  shall  be  guilty  of  a  misdemeanor. 
[New  section  approved  March  1,  1911.] 

§  367e.  Any  person  operating  or  driving  an  auto- 
mobile, motor  cycle  or  other  motor  vehicle  who  be- 
comes or  is  intoxicated  while  so  engaged  in  operat- 
ing or  driving  such  automobile,  motor  cycle  or  other 
motor  vehicle,  and  who  by  reason  of  such  intoxica- 
tion does  any  act,  or  neglects  any  duty  imposed  by 
law,  which  act  or  neglect  of  duty  causes  the  death 
of,  or  bodily  injury  to,  any  person,  shall  be  punish- 


EOAD  LAWS.  137 

able  by  imprisonment  in  the  state's  prison  not  ex- 
ceeding five  years,  or  in  the  county  jail  not  exceed- 
ing one  year,  or  by  fine  not  exceeding  $500  or  by 
both  such  fine  and  imprisonment.  [New  section  ap- 
proved March  7,  1911.] 

CRIMES    AGAINST    THE    PUBLIC    HEALTH    AND 

SAFETY. 

§  369a.  Operating  cars  without  suitable  fenders. 

§  369b.  Confining  animals  in  cars  without  rest. 

§  369d.  Leaving  open  bars  or  gates  inclosing  railway 
track. 

§  369e.  Leading  or  driving  animals  along  railroad 
tracks. 

§  369f.  Employees  of  railroad,  if  intoxicated. 

§  369g.  Riding,  driving,  or  propelling  vehicles  along  the 
tracks  of  railways. 

§  386.     Maintaining  bridge  or  ferry  without  authority. 

§  387.  Violating  condition  of  undertaking  to  keep 
ferry. 

§  388.  Riding  or  driving  faster  than  a  walk  on  toll- 
bridges. 

§  389.     Crossing  toll-bridges,   etc.,  without  paying  toll. 

§  390.  Engineer  of  locomotive  engine  omitting  to  ring 
bell  when  crossing  highway. 

§  391.     Intoxication  of  engineers,  etc. 

§  396.     Racing  upon  highways. 

§  369a.  Any  person,  company,  or  corporation,  op- 
erating cars  on  the  streets  of  cities  or  towns,  or  on 
the  county  roads  within  the  State,  for  the  convey- 
ance of  passengers,  propelled  by  means  of  wire 
ropes  attached  to  stationary  engines,  or  by  elec- 
tricity or  compressed  air,  who  runs,  operates,  or 
uses  any  car  or  dummy,  unless  each  car  and  dum- 
my, while  in  use,  is  fitted  with  a  brake  capable  of 
bringing  such  car  to  a  stop  within  a  reasonable 
distance,  and  a  suitable  fender,  or  appliance,  placed 
in  front  or  attached  to  the  trucks  of  such  dummy 
or  car,  for  the  purpose  of  removing  and  clearing 
obstructions  from  the  track,  and  preventing  any 
obstacles,  obstructions,  or  person  on  the  track,  from 
getting  under  such  dummy  or  car,  and  removing  the 
same  out  of  danger,  and  out  of  the  way  of  such 
dummy  or  car,  is  guilty  of  a  misdemeanor.  Where 


138  ROAD  LAWS. 

the  board  of  supervisors  of  any  county,  or  the  city 
council  or  other  governing  body  of  any  city,  by 
ordinance,  order,  or  resolution,  prescribes  the  fender 
or  brake  to  be  used  as  aforesaid,  then  a  compliance 
with  such  ordinance,  order,  or  resolution,  must  be 
deemed  a  full  compliance  with  the  provisions  of 
this  section.  [New  section  approved  March  22, 
1905.  In  effect  in  sixty  days.] 

§  369b.  Any  officer,  agent  or  conductor  of  any 
company  or  person  operating  any  railroad  in  this 
State,  who  in  carrying  and  transporting  cattle, 
sheep  or  swine  in  carload  lots,  confines  the  same 
in  cars  for  a  longer  period  than  thirty-six  consecu- 
tive hours,  without  unloading  for  rest,  water  and 
feeding,  for  a  period  of  at  least  ten  consecutive 
hours,  is  guilty  of  a  misdemeanor.  In  estimating 
such  time  of  confinement,  the  period  during  which 
the  animals  have  been  confined  without  such  rest  on 
connecting  roads  from  which  they  are  received, 
must  be  computed.  In  case  the  owner  or  person  in 
charge  of  such  animals  refuses  or  neglects  to  pay 
for  the  care  and  feed  of  animals  so  rested,  the  com- 
pany or  person  operating  such  railroad  may  charge 
the  expense  thereof  to  the  owner  or  consignee  and 
retain  a  lien  upon  the  animals  therefor  until  the 
same  is  paid.  [New  section  approved  March  21, 
1905.  In  effect  in  sixty  days.] 

§  369d.  Any  person  who  enters  upon  or  crosses 
any  railroad,  at  any  private  passway,  which  is  in- 
closed by  bars  or  gates,  and  neglects  to  leave  the 
same  securely  closed  after  him,  is  guilty  of  a  mis- 
demeanor. [New  section  approved  March  22,  1905. 
In  effect  in  sixty  days.] 

§  369e.  Any  person  who  leads,  drives,  or  con- 
ducts any  beast  along  the  track  of  a  railroad,  ex- 
cept where  the  railroad  is  built  within  the  limits  of 
a  public  highway,  or  who  places,  or  having  the  right 
to  prevent  it,  suffers  any  animal  to  be  placed  within 


EOAD  LAWS.  139 

the  fences  thereof  for  grazing  or  other  purposes,  is 
guilty  of  a  misdemeanor.  [New  section  approved 
March  22,  1905.  In  effect  in  sixty  days.] 

§  369f.  Any  person  employed  upon  any  railroad 
as  engineer,  conductor,  baggage-master,  brakemau, 
switchman,  fireman,  bridge-tender,  flagman,  or 
signal-man,  or  having  charge  of  the  regulation  or 
running  of  trains  upon  such  railroad,  in  any  man- 
ner whatever,  who  becomes  or  is  intoxicated 
while  engaged  in  the  discharge  of  his  duties,  is 
guilty  of  a  misdemeanor;  and  if  any  person  so 
employed  as  aforesaid,  by  reason  of  such  intoxica- 
tion, does  any  act,  or  neglects  any  duty,  which  act  or 
neglect  causes  the  death  of,  or  bodily  injury  to,  any 
person  or  persons,  he  is  guilty  of  a  felony. 

§  369g.  Any  person  who  rides,  drives  or  propels 
any  vehicle  upon  and  along  the  track  of  any  rail- 
road, through  or  over  its  private  right  of  way, 
without  the  authorization  of  its  superintendent  or 
other  officer  in  charge  thereof,  is  guilty  of  a  mis- 
demeanor. [New  section  approved  March  22,  1905. 
In  effect  in  sixty  days.] 

§  386.  Every  person  who  demands  or  receives 
compensation  for  the  use  of  any  bridge  or  ferry, 
or  sets  up  or  keeps  any  road,  bridge,  ferry,  or  con- 
structed ford,  for  the  purpose  of  receiving  any  re- 
muneration for  the  use  of  the  same,  without  au- 
thority of  law,  is  guilty  of  a  misdemeanor. 

Public  ferries  and  toll -bridges:  Sees.  2843  et  seq., 
Polit.  Code. 

§  387.  Every  person  who,  having  entered  into  an 
undertaking  to  keep  and  attend  a  ferry,  violates 
the  conditions  of  such  undertaking,  is  guilty  of  a 
misdemeanor. 

Undertaking  by  ferryman:  See  sec.  2850,  Pol. 
Code. 


140  ROAD  LAWS. 

§  388.  Every  person  who  willfully  rides  or  drives 
faster  than  a  walk  on  or  over  any  toll-bridge,  law- 
fully licensed,  is  punishable  by  fine  not  exceeding 
twenty  dollars. 

§  389.  Every  person  not  exempt  from  paying 
tolls,  who  crosses  on  any  ferry  or  toll-bridge,  or 
passes  through  any  toll-gate,  lawfully  kept,  with- 
out paying  the  toil  therefor,  and  with  intent  to 
avoid  such  payment,  is  punishable  by  a  fine  not  ex- 
ceeding twenty  dollars. 

§  390.  Every  person  in  charge  of  a  locomotive 
engine,  w^ho,  before  crossing  any  traveled  public 
way,  omits  to  cause  a  bell  to  ring  or  steam-whistle 
to  sound  at  the  distance  of  at  least  eighty  rods  from 
the  crossing,  and  up  to  it,  is  guilty  of  a  misde- 
meanor. 

§  391.  Every  person  who  is  intoxicated  while  in 
charge  of  a  locomotive  engine,  or  while  acting  as 
conductor  or  driver  upon  any  railroad  train,  or  car, 
whether  propelled  by  steam  or  drawn  by  horses,  or 
while  acting  as  train  dispatcher,  or  as  telegraph 
operator,  receiving  or  transmitting  dispatches  in  re- 
lation to  the  movement  of  trains,  is  guilty  of  a 
misdemeanor. 

§  396.  Every  person  driving  any  conveyance 
drawn  by  horses,  upon  any  public  road  or  way,  who 
causes  or  suffers  his  horses  to  run,  with  intent  to 
pass  another  conveyance,  or  to  prevent  such  other 
from  passing  his  own,  is  guilty  of  a  misdemeanor. 

MALICIOUS    INJURIES    TO    RAILROAD    BRIDGES, 

HIGHWAYS,    ETC. 

§  587.     Injuries  to  railroads  and  railroad  bridges. 
§  587a.  Tampering  with  railroads. 
§  587b.  Climbing  upon   railroad. 
§  587c.  Evading   payment   of   fare. 

§  588.     Injuries  to  highways,  private  ways,  and  bridges. 
§  588a.  Placing  glass  or  other  substance  on  public  high- 
ways,  misdemeanor. 


EOAD  LAWS.  141 

§  589.     Injuries  to  toll-houses  and  gates. 

590.     Injuries  to  milestones  and  guide-boards. 

590a.  Informer  to  receive  half  fines  collected, 
i  590b.  Riding  and  driving  over  public  bridges. 
!  591.     Injuring  telegraph  lines. 
i  592.     Taking  water  from  or  obstructing  canals. 
i  593.     Interfering  with  electric  lines. 

600.     Burning  bridges,  etc. 

§  607.     Destroying  or  injuring  bridges,  dams,  etc. 
§  611.    Obstructing  navigable  streams. 

§  587.    Every  person  who  maliciously,  either: 

1.  Removes,   displaces,  injures,   or  destroys   any 
part  of  any  railroad,  whether  for  steam  or  horse- 
cars,  or  any  track  of  any  railroad,  or  any  branch 
or  branchway,  switch,  turnout,  bridge,  viaduct,  cul- 
vert, embankment,  station-house,  or  other  structure, 
or  fixture,  or  any  part  thereof  attached  to,  or  con- 
nected with  any  railroad;  or, 

2.  Places  any  obstruction  upon  the  rails  or  track 
of  any  railroad,  or  of  any  switch,  branch,  branch- 
way,  or  turnout,  connected  with  any  railroad; 

Is  punishable  by  imprisonment  in  the  State  prison 
not  exceeding  five  years,  or  in  the  county  jail  not 
less  than  six  months. 

75  Cal.  571. 

§  587a.  Every  person  who,  without  being  there- 
unto duly  authorized  by  the  owner,  lessee,  or  person 
or  corporation  engaged  in  the  operation  of  any 
railroad,  shall  manipulate  or  in  any  wise  tamper  or 
interfere  with  any  air  brake  or  other  device,  ap- 
pliance or  apparatus  in  or  upon  any  car  or  locomo- 
tive upon  such  railroad,  and  used  or  provided  for 
use  in  the  operation  of  such  car  or  locomotive,  or  of 
any  train  upon  such  railroad,  or  with  any  switch, 
signal  or  other  appliance  or  apparatus  used  or  pro- 
vided for  use  in  the  operation  of  such  railroad,  shall 
be  deemed  guilty  of  a  misdemeanor.  [New  section 
approved  March  22,  1909.  In  effect  immediately.] 

[This  section,  drawn  as  above,  but  containing  at 
the  end  a  punishment  clause  reading:  "and  upon 
conviction  thereof  shall  be  punished  by  fine  not  ex- 


142  BOAD  LAWS. 

ceeding  one  hundred  dollars,  or  by  imprisonment  not 
exceeding  three  months,  or  by  both  such  fine  and 
imprisonment/ '  was  also  approved  on  March  19, 
1909.] 

§  587b.  Every  person  who  shall,  without  being 
thereunto  authorized  by  the  owner,  lessee,  person 
or  corporation  operating  any  railroad,  enter  into, 
climb  upon,  hold  to,  or  in  any  manner  attach  him- 
self to  any  locomotive  engine  tender,  freight  or 
passenger  car  upon  such  railroad,  or  any  portion  of 
any  train  thereon,  shall  be  deemed  guilty  of  a  mis- 
demeanor, and,  upon  conviction  thereof,  shall  be 
punished  by  a  fine  not  exceeding  fifty  dollars,  or 
by  imprisonment  not  exceeding  thirty  days,  or  by 
both  such  fine  and  imprisonment.  [New  section  ap- 
proved March  20,  1909.  In  effect  immediately.] 

§  587c.  Every  person  who  fraudulently  evades, 
or  attempts  to  evade,  the  payment  of  his  fare, 
while  traveling  upon  any  railroad,  shall  be  deemed 
guilty  of  a  misdemeanor,  and,  upon  conviction 
thereof,  shall  be  punished  by  a  fine  of  not  more 
than  five  hundred  dollars,  or  imprisonment  not 
exceeding  six  months,  or  by  both  such  fine  and  im- 
prisonment. [New  section  approved  March  20, 
1909.  In  effect  in  sixty  days.] 

§  588.  Every  person  who  maliciously  digs  up,  re- 
moves, displaces,  breaks,  or  otherwise  injures  or  de- 
stroys any  public  highway  or  bridge,  or  any  private 
way  laid  out  by  authority  of  law,  or  bridge  upon 
such  highway  or  private  way,  is  punishable  by  im- 
prisonment in  the  State  prison  not  exceeding  five 
years,  or  in  the  county  jail  not  exceeding  one  year. 

136  Cal.  456,  550;  11  Cal.  App.  573. 

§  588a.  Any  person  who  throws  or  deposits  any 
glass  bottle,  glass,  nails,  tacks,  hoops,  wire,  cans  or 
any  other  substance  likely  to  injure  any  person, 
animal  or  vehicle  upon  any  public  highway  in  the 
State  of  California  shall  be  guilty  of  misdemeanor. 
[New  section  approved  March  1,  1911.] 


EOAD  LAWS.  143 

§  589.  Every  person  who  maliciously  injures  or 
destroys  any  toll-house  or  turnpike  gate,  is  guilty 
of  a  misdemeanor. 

§  590.  Every  person  who  maliciously  removes, 
destroys,  injures,  breaks  or  defaces  any  mile  post, 
board  or  stone,  or  guide  post  erected  on  or  near 
any  highway,  or  any  inscription  thereon,  is  guilty 
of  a  misdemeanor.  [Amendment  approved  March 
22,  1907.] 

§  590a.  One-half  of  all  fines  imposed  and  collect- 
ed under  the  provisions  of  section  five  hundred  and 
ninety  shall  be  paid  to  the  informer  who  first 
causes  a  complaint  to  be  filed  charging  the  defend- 
ant with  the  violation  of  said  section.  [New  sec- 
tion approved  March  22,  1907.] 

§  590b.  Every  person  who  rides  or  drives  faster 
than  a  walk  across  any  bridge  on  a  public  highway, 
upon  which  bridge  there  is  displayed  a  sign  or  no- 
tice stating  that  it  is  illegal  to  ride  or  drive  faster 
than  a  walk  across  the  same,  is  guilty  of  a  mis- 
demeanor. [New  section  approved  March  21,  1911.] 

§  591.  Every  person  who  maliciously  takes  down 
removes,  injures  or  obstructs,  or  makes  any  un- 
authorized connection  with  any  line  of  telegraph  or 
telephone,  or  any  other  line  used  to  conduct  elec- 
tricity, or  any  part  thereof,  or  appurtenances  01 
apparatus  connected  therewith,  or  severs  any  wire 
thereof,  is  guilty  of  a  misdemeanor.  [Amendment 
approved  March  10,  1909.  In  effect  in  sixty  days.] 

127  Cal.  315,  317. 

§  592.  Every  person  who  shall,  without  authority 
of  the  owner  or  managing  agent,  and  with  intent  to 
defraud,  take  water  from  any  canal,  ditch,  flume  or 
reservoir  used  for  the  purpose  of  holding  or  convey- 
ing water  for  manufacturing,  agricultural,  mining, 
irrigating,  or  generation  of  power,  or  domestic  uses, 
or  who  shall  without  like  authority,  raise,  lower,  or 
otherwise  disturb  any  gate  or  other  apparatus  there- 


144  EOAD  LAWS. 

of,  used  for  the  control  or  measurement  of  water,  or 
who  shall  empty  or  place,  or  cause  to  be  emptied  or 
placed,  into  any  such  canal,  ditch,  flume  or  reservoir 
any  rubbish,  filth  or  obstruction  to  the  free  flow  of 
the  water,  is  guilty  of  a  misdemeanor.  [Amend- 
ment approved  March  20,  1899.  In  effect  immedi- 
ately.] 

§  593.  Every  person  who  unlawfully  and  mali- 
ciously takes  down,  removes,  injures,  interferes 
with,  or  obstructs  any  line  erected  or  maintained 
by  proper  authority  for  the  purpose  of  transmit- 
ting electricity  for  light,  heat,  or  power,  or  any 
part  thereof,  or  any  insulator  or  cross-arm,  appur- 
tenance or  apparatus  connected  therewith,  or  severs 
or  in  any  way  interferes  with  any  wire,  cable,  or 
current  thereof,  is  punishable  by  imprisonment  in 
the  State  prison,  not  exceeding  five  years,  or  by 
fine  not  exceeding  five  hundred  dollars,  or  imprison- 
ment in  the  county  jail  not  exceeding  one  year. 
[In  effect  March  2,  1901.] 

148  Cal.  370,  373. 

§  600.  Every  person  who  willfully  and  malicious- 
ly burns  any  bridge  exceeding  in  value  fifty  dollars, 
or  any  structure,  snowshed,  vessel,  or  boat,  not  the 
subject  of  arson,  or  any  tent,  or  any  stack  of  hay 
or  grain  or  straw  of  any  kind,  or  any  pile  of  baled 
hay,  or  straw,  or  any  pile  of  potatoes,  or  beans,  or 
vegetables,  or  produce,  or  fruit  of  any  kind,  whe- 
ther sacked,  boxed,  crated,  or  not  or  any  growing 
or  standing  grain,  grass,  or  tree,  or  any  fence,  or 
any  railroad-car,  lumber,  cord-wood,  railroad-ties, 
telegraph  or  telephone  poles,  or  shakes,  or  any  tule 
land  or  peat  ground  of  the  value  of  twenty-five  dol- 
lars or  over,  not  the  property  of  such  person,  is 
punishable  by  imprisonment  in  the  State  prison  for 
not  less  than  one  year,  nor  more  than  ten  years. 
[Amendment  approved  March  21,  1905.  In  effect 
in  sixty  days.] 

13   Cal.  App.  613,  614,  615. 


EOAD  LAWS.  145 

§  607.  Every  person  who  wilfully  and  maliciously 
cuts,  breaks,  injures  or  destroys  any  bridge,  dam, 
canal,  flume,  aqueduct,  levee,  embankment,  reservoir, 
or  other  structure  erected  to  create  hydraulic  power, 
or  to  drain  or  reclaim  any  swamp  and  overflowed 
tide  or  marsh  land,  or  to  store  or  conduct  water  for 
mining,  manufacturing,  reclamation,  or  agricul- 
tural purposes,  or  for  the  supply  of  the  inhabitants 
of  any  city  or  town,  or  any  embankment  necessary 
to  the  same,  or  either  of  them,  or  wilfully  or  mali- 
ciously makes  or  causes  to  be  made,  any  aperture  in 
such  dam,  canal,  flume,  aqueduct,  reservoir,  embank- 
ment, levee,  or  structure,  with  intent  to  injure  or 
destroy  the  same;  or  draws  up,  cuts,  or  injures  any 
piles  fixed  in  the  ground  for  the  purpose  of  securing 
any  seabank  or  seawalls,  or  any  dock,  quay,  or  jetty, 
lock  or  seawall;  or  who,  between  the  first  day  of 
October  and  the  fifteenth  day  of  April  of  each  year, 
plows  up  or  loosens  the  soil  in  the  bed  or  on  the 
sides  of  any  natural  watercourse  or  channel  without 
removing  such  soil  within  twenty-four  hours  from 
such  watercourse  or  channel;  or  who,  between  the 
fifteenth  day  of  April  and  the  first  day  of  October 
of  each  year,  shall  plow  up  or  loosen  the  soil  in  the 
bed  or  on  the  sides  of  such  natural  watercourse  or 
channel,  and  shall  not  remove  therefrom  the  soil 
so  plowed  up  or  loosened  before  the  first  day  of 
October  next  thereafter,  is  guilty  of  a  misdemeanor, 
and  upon  conviction,  punishable  by  a  fine  not  less 
than  one  hundred  dollars  and  not  exceeding  one 
thousand  dollars,  or  by  imprisonment  in  the  county 
jail  not  exceeding  two  years,  or  by  both;  provided 
that  nothing  in  this  section  shall  be  construed  so  as 
to  in  any  manner  prohibit  any  person  from  digging 
or  removing  soil  from  any  such  watercourse  or  chan- 
nel, for  the  purpose  of  mining. 

§  611.  Every  person  who  unlawfully  obstructs  the 
navigation  of  any  navigable  stream,  is  guilty  of  a 
misdemeanor. 


IMPORTANT    CALIFORNIA 
STATUTES 


RELATING  TO 


HIGHWAYS,  ETC. 


EOAD  LAWS.  149 

An  Act  granting  to  roads  and  highways  a  right  of 
way  over  the  public  lands  of  this  State. 

[Approved  April  2,  1866.     Stats.  1865-6,  p.  855.] 

Section  1.  Whenever  any  corporation,  company, 
or  individual  shall,  in  accordance  with  the  general 
laws  of  this  State,  lay  out  and  construct  any  road 
or  highway  over  any  unoccupied  public  lands  of  this 
State,  or  over  any  lands  that  the  State  by  donation 
of  Congress,  or  otherwise,  may  hereafter  acquire, 
such  corporation,  company  or  individual,  and  their 
respective  assigns,  are  hereby  granted  the  right  of 
way  for  such  roads  or  highways  over  such  public 
lands.  This  act  shall  apply  to  roads  heretofore  as 
well  as  hereafter  laid  out  and  constructed. 

An.     Act     concerning     bridges     across     navigable 
streams. 

[Approved  February  25,  1897;  Stats.  1897,  p.  21.] 

Section  1.  The  Board  of  Supervisors  of  any 
county  in  this  State  now  controlling  or  maintain- 
ing, by  virtue  of  any  statute,  any  bridge  across 
any  navigable  stream,  wholly  or  in  part  within  the 
boundary  lines  of  any  municipal  corporation,  is 
hereby  authorized  and  empowered,  whenever  it 
may  become  necessary,  in  the  interest  of  commerce 
or  by  reason  of  any  such  bridge  being  out  of 
repair,  to  reconstruct  and  rebuild  any  part  of  such 
bridge,  or  replace  said  bridge  by  a  new  structure, 
or  with  the  consent  of  the  governing  bodies  of 
such  municipalities  change  the  location  of  such 
bridge  to  such  place  on  such  stream  as  may  be 
better  suited  to  its  use,  or  to  the  use  of  such  navi- 
gable stream;  and  the  Board  of  Supervisors  of  any 
county  is  hereby  authorized  to  abandon  any  such 
existing  bridge  and  rebuild  a  new  bridge  at  such 
changed  location,  and  the  Board  of  Supervisors  of 
any  such  county  so  rebuilding  and  reconstructing 
said  bridge  may  enter  into  an  agreement  with  any 


150  EOAD  LAWS. 

person  or  corporation,  now  maintaining  any  bridge 
across  any  such  navigable  stream,  for  the  building 
of  a  joint  bridge  for  the  purpose  of  preventing  the 
impeding  of  commerce  on  such  navigable  streams, 
and  of  apportioning  the  expense  between  said  county 
and  said  person  or  any  corporation  in  such  manner 
as  may  be  agreed  upon  between  said  county  and 
said  person,  or  corporation. 

Sec.  2.  The  expense  of  said  reconstruction,  or 
the  building  of  a  new  bridge,  to  be  payable  out 
of  the  same  fund  as  is  now  provided  by  law  for 
the  maintenance  and  repair  of  any  such  bridge; 
provided,  that  in  case  said  county  should  make 
such  agreement  with  said  person  or  corporation 
for  the  building  of  any  joint  bridge,  that  only  the 
county 's  portion  of  said  joint  bridge,  as  may  be 
settled  by  said  agreement,  shall  be  paid  from  the 
said  funds;  and,  provided,  that  in  no  event  shall 
the  county  pay  more  than  one-half  the  cost  of 
construction,  repair,  or  reconstruction  of  any  such 
joint  bridge. 

Sec.  3.  All  acts  or  parts  of  acts  in  conflict  here- 
with are  hereby  repealed. 

Sec.  4.  This  act  shall  take  effect  from  and  after 
its  passage. 

Note.— See  also  Act  of  March  23,  1907,  page  222, 


An  Act  to  authorize  cities  and  towns  owning 
public  parks  outside  of  their  limits,  to  lay  out, 
construct,  and  maintain  roads,  streets,  and  boule- 
vards from  the  boundaries  of  such  cities  or 
towns  to,  into,  and  through,  such  parks,  and  to 
acquire  lands  for  that  purpose. 
[Became  a  law,  under  constitutional  provision, 

without  Governor's  approval,  March  1,  1897.    Stats. 

1897,  p.  45.] 

Section    1.     It    shall   be   lawful   for   the    council, 

board  of  trustees,  or  other  governing  body  of  any 


ROAD  LAWS.  151 

city  or  town,  to  lay  out,  open,  construct,  and  cause 
to  be  constructed,  maintain,  and  control  all  roads, 
streets,  and  boulevards,  which  may  be  necessary 
or  requisite  for  the  purpose  of  connecting  such 
city  or  town  with  any  public  park  situated  whollv 
or  partly  outside  of  the  limits  of  such  city  or 
town,  of  which  it  shall  be  the  owner,  and  to  acquire 
by  gift,  purchase,  or  condemnation,  in  the  manner 
required  by  the  law  of  eminent  domain,  any  land 
or  rights  of  way  lying  between  the  limits  of  such 
city  or  town  and  the  exterior  limits  of  such  park, 
for  the  purposes  aforesaid. 

Sec.  2.     This  act  shall  take  effect  immediately. 

An  Act  to  extend  the  jurisdiction  and  authority  of 
cities  and  towns  over  parks  owned  by  them 
situated  beyond  the  limits  of  such  cities  and 
towns,  and  over  streets  and  avenues  leading 
to  the  same. 

[Became  a  law,  under  a  constitutional  provision, 
without  Governor's  approval,  March  1,  1897.  Stats. 
1897,  p.  47.] 

Section  1.  The  municipal  authority  of  the  several 
cities  and  towns  in  this  State,  which  now  own  or 
shall  hereafter  own  any  parks  situated  outside  of 
the  limits  of  such  city  or  town,  shall  have  the 
same  power,  authority  and  jurisdiction  over  such 
parks,  and  over  streets  and  avenues  leading  there- 
from to  said  parks,  and  over  persons  and  property 
therein,  as  they  now  or  hereafter  may  have  over 
said  cities  and  towns  and  over  persons  and  property 
therein,  and  the  local  courts  of  said  cities  and 
towns  shall  have  the  same  jurisdiction,  both  civil 
and  criminal,  over  said  parks,  streets  and  avenues, 
and  over  persons  and  property  therein,  as  they  may 
have  over  the  parks,  streets,  and  avenues  within 
such  cities  or  towns  respectively. 

Sec.  2.     This  act  shall  take  effect  immediately. 


152  BOAD  LAWS. 

An  Act  to  regulate  and  govern  the  operation  of  the 
rock-crushing  plant  at  .the  State  Prison  at 
Folsom,  to  provide  for  the  sale  of  crushed 
rock,  and  the  disposition  of  the  revenues  de- 
rived therefrom. 

[Approved  March  11,  1897;   Stats.  1897,  p.  99.] 

Section  1.  The  State  Board  of  Prison  Directors 
shall  regulate,  govern,  and  have  full  control  of  the 
rock  or  stone  crushing  plant  established  at  the 
State  Prison  at  Folsom,  the  product  thereof,  the 
revenues  derived  therefrom,  and  all  appropriations 
of  money  therefor. 

Sec.  2.  The  plant  shall  be  operated  by  convict 
labor,  and  by  the  application  of  the  mechanical 
and  water  power  belonging  to  the  State  Prison  at 
Folsom,  together  with  such  free  labor  as  the  State 
Board  of  Prison  Directors  may  deem  necessary  for 
superintending,  directing,  and  guarding  the  con- 
victs employed  thereon. 

Sec.  3.  The  State  Board  of  Prison  Directors  are 
hereby  empowered  and  authorized  to  sell  and  to 
otherwise  dispose  of  the  crushed-rock  product  of 
the  said  plant;  provided,  that  in  all  cases,  prefer- 
ence shall  be  given  to  orders  received  from  the 
Bureau  of  Highways  for  crushed  rock  for  road 
metal  for  highway  purposes. 

See.  4.  The  sale  price  of  all  crushed  rock  sold 
for  road  metal  for  highway  purposes  shall  be  the 
cost  of  production,  with  ten  per  centum  added, 
delivered  on  board  cars  or  other  vehicles  of  trans- 
portation at  the  rock-crushing  plant;  provided, 
that  no  rock  shall  be  sold  for  highway  or  other 
purposes  for  a  less  price  than  thirty  cents  per  ton. 

Sec.  5.  The  cost  of  production  shall  be  ascer- 
tained by  estimating  the  cost  of  explosives,  oil, 
fuel,  tools,  repairs,  free  labor,  supplementary  ma- 
chinery, the  preparation  and  maintenance  of  beds, 
boxes,  crates,  or  other  unloading  devices  for  car- 
riage to  and  delivery  from  cars,  of  said  crushed 


BOAD  LAWS.  153 

rock,  the  leasing  of  railroad  cars,  and  the  cost  of 

such  other  materials,  supplies,  and  expenses  as  may 

be    required    and    used    in   producing    each  ton    of 
crushed  rock  ready  for  sale  delivery. 

Sec.  6.  The  State  Board  of  Prison  Directors  are 
hereby  authorized  to  lease  railroad  cars,  with 
equipments  suitable  for  the  rapid  and  economical 
handling  and  delivery  of  crushed  rock,  prepared 
as  aforesaid,  whenever  in  their  judgment  the  inter- 
est of  the  people  of  the  State  will  be  conserved 
thereby,  in  the  matter  of  highway  construction,  by 
the  use  of  said  crushed  rock.  The  cost  of  said 
leasing  shall  be  carried  into  the  cost  of  production 
described  in  section  five. 

Sec.  7.  The  amount  of  five  thousand  dollars 
heretofore  appropriated  is  hereby  set  apart  to  and 
for  the  usage  of  the  State  Board  of  Prison  Directors, 
to  provide  and  maintain  a  permanent  revolving 
fund  for  the  purpose  of  operating  and  maintaining 
the  rock-crushing  plant  at  Folsom  Prison.  The 
money  taken  from  said  revolving  fund  shall  be 
used  exclusively  for  operating  and  maintaining  the 
said  rock-crushing  plant.  So  much  of  the  money 
received  from  the  sale  of  crushed  rock  as  shall  be 
necessary  to  that  end,  shall  be  returned  to  said 
revolving  fund,  as  it  is  needed  to  keep  the  same 
constantly  at  the  said  figure  of  five  thousand 
dollars. 

Sec.  8.  Whenever  the  revolving  fund  shall  be 
replenished,  and  there  shall  be  a  surplus,  or  bal- 
ance, over  the  amount  appropriated,  this  surplus, 
or  balance,  shall  be  paid,  not  less  frequently  than 
semi-annual,  into  the  State  treasury,  to  the  credit 
of  the  fund  known  as  "The  State  Prison  Fund  of 
Folsom  Prison, "  for  the  use  and  support  of  Folsom 
Prison. 

Sec.  9.  The  clerk  of  the  State  Prison  at  Folsom 
shall  keep  such  records,  books,  and  accounts  as 
may  be  necessary  to  at  all  times  clearly  exhibit 


154  EOAD  LAWS. 

the  financial,  business,  and  other  transactions  of 
the  said  rock-crushing  plant.  All  such  records, 
books,  and  accounts  shall  be  kept  separate  and 
distinct  from  those  relating  to  other  prison  affairs. 

Sec.  10.  For  all  sums  of  money  herein  required 
to  be  paid,  drafts  shall  be  drawn  on  the  Controller 
of  State,  signed  by  at  least  three  members  of  the 
State  Board  of  Prison  Directors.  Said  drafts  shall 
be  sent  to  the  State  Board  of  Examiners,  to  be 
by  them  approved,  and  after  approval  by  said 
State  Board  of  Examiners,  the  Controller  of  State 
shall  draw  his  warrant  in  behalf  of  said  State 
Board  of  Prison  Directors,  on  the  State  Treasurer, 
who  shall  pay  the  same,  on  presentation  of  such 
warrant;  provided,  that  the  State  Board  of  Exam- 
iners is  hereby  expressly  prohibited  from  approving 
of  any  of  said  drafts  until  the  same  are  presented 
with  itemized  statements,  showing  specifically  the 
services  rendered,  by  "whom  performed,  time  em- 
ployed, distance  traveled,  and  necessary  expenses 
thereof;  if  for  articles  purchased,  the  said  state- 
ment shall  give  the  name  of  each  article,  together 
with  the  price  paid  for  each,  and  of  whom  purchased, 
together  with  the  date  of  purchase. 

Sec.  11.  If  any  of  the  buildings,  machinery,  or 
structures  appertaining  to  or  comprising  the  said 
rock-crushing  plant  are  destroyed  in  any  way,  or 
injured  by  fire  or  otherwise,  they  may  be  rebuilt 
or  repaired  immediately,  under  the  direction  of 
the  State  Board  of  Prison  Directors,  by  and  with 
the  consent  solely  of  the  Governor,  the  Attorney 
General,  and  the  Secretary  of  State,  and  the  ex- 
penses thereof,  not  to  exceed  in  amount  the  sum  of 
ten  thousand  dollars,  shall  be  paid  out  of  any 
funds  in  the  State  treasury  not  otherwise  appro- 
priated by  law,  and  the  provisions  of  no  other  act 
shall  apply  to  or  govern  or  limit  this  section,  or 
any  of  the  powers  or  duties  herein  conferred. 

Sec.  12.  The  State  Board  of  Prison  Directors  are 
hereby  authorized  and  empowered  to  perform  such 


BOAD  LAWS.  155 

other  acts  and  duties  as  may  be  necessary  to  carry 
out  the  fall  intent  and  meaning  of  this  act. 

Sec.  13.  All  acts  and  parts  of  acts  inconsistent 
with  the  provisions  of  this  act  are  hereby  repealed. 

Sec.  14,     This  act  shall  take  effect  immediately. 

An  Act  relating  to  the  granting  by  counties  and 
municipalities  of  franchises  for  the  construction 
of  paths  and  roads  for  the  use  of  bicycles  and 
other  horseless  vehicles.  [Approved  March  27, 
1897.] 
Codified:  See  section  524,  C.  C.,  p.  98,  supra. 

An  Act  authorizing  municipal  corporations  to  lease, 
purchase,  own,  and  operate  gravel-beds  and 
quarries,  and  to  transport  gravel  and  rock  there- 
from to  such  municipal  corporations,  for  the 
purpose  of  making,  improving,  and  repairing 
roads. 
[Approved  March  27,  1897;  Stats.  1897,  p.  217.] 

Section  1.  Any  incorporated  city  or  town  in  this 
State  may  acquire,  lease,  purchase  and  operate  any 
gravel-bed  or  quarry  within  the  county  where  such 
city  or  town  is  situated  and  may  equip  and  operate 
a  plant  at  such  gravel-bed  or  quarry,  or  within  such 
town  or  city,  for  the  purpose  of  breaking,  crushing, 
or  otherwise  preparing  gravel  or  rock  to  be  used  in 
making,  paving,  improving,  or  repairing  its  streets. 
Any  such  city  or  town  may  acquire,  lease,  or  pur- 
chase and  maintain  all  necessary  roads,  rights  of 
way  and  tramways  over  which  to  transport  gravel 
or  rock  from  such  gravel-bed  or  quarry  to  such  city 
or  town,  and  all  necessary  appliances  for  that  pur- 
pose. 

"Sec.  2.  No  money  shall  be  expended  or  expense 
incurred  for  any  of  the  purposes  set  forth  in  section 
one,  unless  the  same  is  authorized  at  a  regular 
meeting  of  the  legislative  body  of  such  city  or  town, 
and  by  a  vote  of  two-thirds  of  the  members  thereof. 


159  ROAD  LAWS. 

Sec.  3.  This  act  shall  not  extend  or  enlarge  any 
limitation  upon  municipal  taxation  or  the  expen- 
diture of  municipal  funds,  now  existing  by  reason 
of  State  laws  or  city  charters  in  any  of  the  cities 
or  towns  of  this  State.  [Approved  March  27,  1897.] 

An  Act  for  the  establishment  of  a  uniform  system  of 
road    government    and    administration    in    the 
counties  of  the  State  of  California. 
[Approved  April  1,  1897;  Stats.  1897,  p.  374.] 
Note. — Kepealed     by     County     Government     Act 
(Davis  v.  Whidden,  117  Cal.  618.) 

An  Act  to  provide  for  the  construction  of  perma- 
nent bridge  work  on  the  Lake  Tahoe  wagon 
road,  a  State  highway,  and  making  an  appro- 
priation therefor.  [Approved  March  22,  1905; 
Stats.  1905,  p.  796.] 

§  1.  There  is  hereby  appropriated  out  of  any 
money  in  the  State  treasury  not  otherwise  ap- 
propriated the  sum  of  six  thousand  ($6,000)  dollars 
for  the  purpose  of  constructing  permanent  bridge 
work  on  the  Lake  Tahoe  wagon  road,  a  State  high- 
way. Said  sum  of  six  thousand  dollars  shall  become 
available  July  1,  1905. 

§  2.  The  work  provided  for  in  section  1  of 
this  act  is  placed  under  the  control  of  the  Lake 
Tahoe  wagon  road  commissioner,  provided,  however, 
that  the  plans  and  specifications  for  said  bridge 
work  shall  be  made  by  the  department  of  highways 
of  California,  and  that  all  work  in  connection  with 
said  plans  and  specifications  shall  be  inspected  by 
the  State  highway  commissioner.  Before  any  pay- 
ments are  made  for  work  done  hereunder  it  shall 
be  the  duty  of  the  State  highway  commissioner  to 
certify  to  and  approve  the  same. 

§  3.  The  State  Controller  is  hereby  instructed 
and  directed  to  draw  his  warrants,  in  payment  for 


EOAD  LAWS.  157 

said  work,  at  such  time  and  in  such  amounts  as 
the  Lake  Tahoe  wagon  road  commissioner  may  pre- 
sent claims  for.  Said  warrants  shall  be  drawn  in 
favor  of  the  said  commissioner,  and  the  said  treas- 
urer is  hereby  directed  and  instructed  to  pay  such 
warrants,  and  the  Lake  Tahoe  wagon  road  com- 
missioner shall  disburse  the  same. 

[See  act  creating  Department  of  Engineering,  sec- 
tions 20  and  25,  pages  184-202,  post.] 

An  Act  relating  to  ferries  across  navigable  rivers 
separating  counties,  and  empowering  the  boards 
of  supervisors  of  such  counties  to  establish  and 
maintain  ferries  across  such  rivers,  and  to  pay 
the  expense  thereof.  [Approved  March  16, 
1903;  Stats.  1903,  p.  156.] 

§  1.  When  a  navigable  river  forms  a  boundary 
between  two  counties  of  this  State,  the  boards  of 
supervisors  of  such  counties  are  hereby  given  the 
power  to  establish  and  operate  a  ferry  or  ferries 
across  such  stream. 

§  2.  Each  of  the  said  counties  shall  pay  such 
proportion  of  the  expenses  of  establishing  and 
operating  said  ferry  or  ferries  as  may  be  agreed 
upon  by  the  boards  of  supervisors  of  such  counties. 

§  3.  In  case  either  of  said  counties  shall  refuse 
to  enter  into  an  agreement  to  establish  and 
operate  such  ferry  or  ferries,  the  county  situated 
upon  the  opposite  bank  of  such  river  may  establish 
and  operate  a  ferry  or  ferries  across  such  river,  and 
such  county  is  hereby  empowered  to  acquire  land- 
ing places  for  such  ferry  or  ferries  on  the  bank  of 
such  river  opposite  the  boundary  of  such  county, 
and  may  pay  the  expense  of  establishing  and 
operating  said  ferry  or  ferries  out  of  the  general 
road  fund  of  such  county. 

§  4.     This  act  shall  take  effect  from  and  after  its 


158  EOAD  LAWS. 

An  Act  appropriating  the  sum  of  five  thousand 
dollars  for  the  purpose  of  procuring  guide  posts 
to  be  erected  in  the  desert  sections  of  California, 
and  particularly  in  the  counties  of  Kern,  Ven- 
tura, Los  Angeles,  Inyo,  Eiverside,  San  Ber- 
nardino and  San  Diego.  [Approved  March  22, 
1905;  Stats.  1905,  p.  805.] 

§  1.  The  sum  of  $5,000.00  is  hereby  appro- 
priated from  any  money  in  the  State  treasury,  not 
otherwise  appropriated,  for  the  purpose  of  procuring 
metallic  guide  posts,  upon  which  are  to  be  indicated 
the  distance  and  direction  from  said  posts,  the 
location  of  wells,  springs,  or  tanks  of  water  fit  for 
drinking  purposes  and  other  information  of  value, 
in  the  desert  sections  of  California,  particularly  in 
the  counties  of  Kern,  Ventura,  Los  Angeles,  Inyo, 
Eiverside,  San  Bernardino,  and  San  Diego;  provid- 
ing, however,  that  each  of  said  counties  (for  its 
own  county)  shall  bear  the  expense  of  the  proper 
erection  of  said  guide  posts  at  such  points  in  the 
county  as  may  be  designated  by  the  department  of 
highways,  and  shall  pay  all  expenses  attendant  upon 
the  placing  of  said  posts,  as  well  as  the  expense  in- 
curred in  placing  the  directions  above  mentioned 
upon  said  posts. 

§  2.  The  purchase  and  distribution  of  such  posts 
is  hereby  placed  under  the  management  and  control 
of  the  department  of  highways  of  the  State  of 
California,  and  it  is  made  the  duty  of  said  depart- 
ment of  highways  to  designate  the  points  at  which 
said  posts  shall  be  placed.  Said  posts  shall  be  at 
least  ten  feet  in  length  and  shall  be  made  of  not  less 
than  two  inch  nor  more  than  three  inch  iron  pipe, 
to  be  set  in  metallic  cross  pieces  of  such  size  and  to 
be  sunk  in  the  earth  at  such  depth  as  will  insure 
proper  anchorage.  Said  posts  shall  have  iron  cross 
arms  on  which  shall  be  affixed  metallic  letters  stat- 


EOAB  LAWS.  159 

ing  the  information  mentioned  in  section  one  of 
this  act. 

[See  act  creating  Department  of  Engineering, 
sec.  22,  p.  179,  post.] 

§  3.  Any  person  removing,  defacing,  or  in  any 
manner  injuring  said  guide  posts  shall  be  deemed 
guilty  of  a  felony. 

§  4.  The  State  Controller  is  hereby  directed  to 
draw  his  warrant  in  favor  of  the  highway  commis- 
sioner for  the  sum  of  $5,000.00  and  the  State  Treas- 
urer is  hereby  directed  to  pay  the  same. 


An  Act  providing  for  the  sale  of  street  railroad 
and  other  franchises  in  counties  and  municipali- 
ties, and  providing  conditions  for  the  granting 
of  such  franchises  by  legislative  or  other  gov- 
erning bodies,  and  repealing  conflicting  acts. 
[Approved  March  22,  1905;  Stats.  1905,  p.  77. 
Amended  1909,  Stats.  1909,  p.  125.] 

§  1.     Franchises,  how  granted. 

§  2.  Application  for,  publication  of,  advertisement 
to  state  what. 

§  3.  Publication  must  state  character  and  term  of 
franchise.  Percentage  paid  when.  Forfeited 
when. 

§  4.    When  franchise  is  an  extension. 

§  5.  Sold  to  highest  bidder.  Bid.  Deposit.  Re- 
advertised  when. 

§  6.     When  work  shall  commence.     When  completed. 

§  7.     Bond.     When  and  where  filed.     Failure  to  file. 

§  8.     Duty   of  Attorney-General. 

§  9.     Certain  clauses  and  conditions  forbidden. 

§10.    Violation  of  provisions  of  this  act. 

§11.    Acts  repealed  and  not  repealed. 

§  1.  Every  franchise  or  privilege  to  erect  or 
lay  telegraph  or  telephone  wires,  to  construct  or 
operate  street  or  interurban  railroads  upon  any 
public  street  or  highway,  to  lay  gas  pipes  for  the 
purpose  of  carrying  gas  for  heat  and  power,  to 
erect  poles  or  wires  for  transmitting  electric  heat 
and  power  along  or  upon  any  public  street  or  high- 


160  EOAD  LAWS. 

way,  or  to  exercise  any  other  privilege  whatever 
hereafter  proposed  to  be  granted  by  boards  of 
supervisors,  boards  of  trustees,  or  common  councils, 
or  other  governing  or  legislative  bodies  of  any 
county,  city  and  county,  city  or  town  within  this 
state,  except  steam  railroads  and  except  telegraph 
or  telephone  lines  doing  an  interstate  business,  and 
renewals  of  franchises  for  piers,  chutes  or  wharves, 
shall  be  granted  upon  the  conditions  in  this  act 
provided,  and  not  otherwise. 

§  2.  An  applicant  for  any  franchise  or  privi- 
lege above  mentioned  shall  file  with  the  governing 
or  legislative  body  of  the  county  or  municipality  an 
application,  and  thereupon  said  governing  body 
shall  in  its  discretion,  advertise  the  fact  of  said 
application,  together  with  a  statement  that  it  is 
proposed  to  grant  the  same,  in  one  or  more  news- 
papers of  the  county,  city  and  county,  city  or  town 
wherein  the  said  franchise  or  privilege  is  to  be 
exercised.  Said  advertisement  must  state  that  bids 
will  be  received  for  such  franchise,  and  that  it  will 
be  awarded  to  the  highest  bidder,  and  the  same 
must  be  published  in  such  newspaper  once  a  day  for 
ten  successive  days,  or  as  often  during  said  period 
as  said  paper  is  published,  if  it  be  a  daily  newspaper, 
and  if  there  be  no  daily  newspaper  published  in  such 
county,  city  and  county,  city  or  town,  then  it  shall 
be  published  in  a  weekly  newspaper  once  a  week 
for  four  successive  weeks,  and  in  either  case  the 
full  publication  must  be  completed  not  less  than 
twenty  nor  more  than  thirty  days  before  any 
further  action  can  be  taken  thereon.  [Amendment 
approved  March  3,  1909;  Stats.  1909,  p.  125.] 

§  3.  The  publication  must  state  the  character  of 
the  franchise  or  privilege  proposed  to  be  granted, 
the  term  for  which  it  is  granted,  and,  if  it  be  a 
street  railroad,  the  route  to  be  traversed;  that 
sealed  bids  therefor  will  be  received  up  to  a  certain 


EOAD  LAWS.  161 

hour  and  day  named  therein,  and  that  the  successful 
bidder  and  his  assigns  must,  during  the  life  of  said 
franchise,  pay  to  the  county  or  municipality  two 
per  cent  (2  per  cent)  of  the  gross  annual  receipts  of 
the  person,  partnership  or  corporation  to  whom  the 
franchise  is  awarded,  arising  from  its  use,  opera- 
tion or  possession.  No  percentage  shall  be  paid  for 
the  first  five  (5)  years  succeeding  the  date  of  the 
franchise,  but  thereafter  such  percentage  shall  be 
payable  annually;  and  in  the  event  said  payment 
is  not  made,  said  franchise  shall  be  forfeited;  pro- 
vided further,  that  if  the  franchise  be  a  renewal 
of  a  right  already  in  existence,  the  payment  of  said 
percentage  of  gross  receipts  shall  begin  at  once. 

§  4.  In  case  the  franchise  granted  shall  be  an 
extension  of  an  existing  system  of  street  railroad, 
then  the  gross  receipts  shall  be  estimated  to  be  one 
half  of  the  proportion  of  the  total  gross  receipts  of 
said  system  which  the  mileage  of  such  extension 
bears  to  the  total  mileage  of  the  whole  system,  and 
said  estimate  shall  be  conclusive  as  to  the  amount 
of  the  gross  receipts  of  said  extension: 

§  5.  Said  advertisement  shall  also  contain  a 
statement  that  the  said  franchise  will  be  struck  off, 
sold  and  awarded  to  the  person,  firm  or  corporation 
who  shall  make  the  highest  cash  bid  therefor;  pro- 
vided, only,  that  at  the  time  of  the  opening  of  said 
bids  any  responsible  person,  firm  or  corporation 
present  or  represented  may  bid  for  said  franchise  or 
privilege  a  sum  not  less  than  ten  per  cent,  above  the 
highest  sealed  bid  therefor,  and  said  bid  so  made 
may  be  raised  not  less  than  ten  per  cent,  by  any 
other  responsible  bidder,  and  said  bidding  may  so 
continue  until  finally  said  franchise  shall  be  struck 
off,  sold,  and  awarded  by  said  governing  body  to 
the  highest"  bidder  therefor  in  gold  coin  of  the 
United  States.  Each  sealed  bid  shall  be  accom- 
panied with  cash  or  a  certified  check,  payable  to  the 
treasurer  of  such  county  or  municipality,  for  the 


162  EOAD  LAWS. 

full  amount  of  said  bid,  and  no  sealed  bid  shall 
be  considered  unless  said  cash  or  check  is  enclosed 
therewith,  and  the  successful  bidder  shall  deposit  at 
least  ten  per  cent,  of  the  amount  of  his  bid  with  the 
clerk  of  such  county  or  municipality  before  the 
franchises  shall  be  struck  off  to  him.  And  if  he 
shall  fail  to  make  such  deposit  immediately,  then 
and  in  that  case,  his  bid  shall  not  be  received, 
and  shall  be  considered  as  void,  and  the  said  fran- 
chise shall  then  and  there  be  again  offered  for 
sale  to  the  bidder  who  shall  make  the  highest  cash 
bid  therefor,  subject  to  the  same  conditions  as  to 
deposit  as  above  mentioned.  Said  procedure  shall 
be  had  until  said  franchise  is  struck  off,  sold,  and 
awarded  to  a  bidder  who  shall  make  the  necessary 
deposit  of  at  least  ten  per  cent,  of  the  amount  of  his 
bid  therefor,  as  herein  provided.  Said  successful 
bidder  shall  deposit  with  the  clerk  of  such  county 
or  municipality,  within  twenty-four  hours  of  the  ac- 
ceptance of  his  bid,  the  remaining  ninety  per  cent, 
of  the  amount  thereof,  and  in  case  he  or  it  shall  fail 
to  do  so,  then  the  said  deposit  theretofore  made, 
shall  be  forfeited,  and  the  said  award  of  said  fran- 
chise shall  be  void,  and  the  said  franchise  shall  then 
and  there,  by  said  governing  body,  be  again  offered 
for  sale  to  the  highest  bidder  therefor,  in  the  same 
manner,  and  under  the  same  restriction  as  here- 
inbefore provided,  and  in  case  said  bidder  shall  fail 
to  deposit  with  the  clerk  of  such  county  or  muni- 
cipality, the  remaining  ninety  per  cent,  of  his  bid, 
within  twenty-four  hours  after  its  acceptance,  the 
award  to  him  of  said  franchise  shall  be  set  aside, 
and  the  deposit  theretofore  made  by  him  shall  be 
forfeited,  and  no  further  proceedings  for  a  sale  of 
said  franchise  shall  be  had  unless  the  same  shall 
be  readvertised  and  again  offered  for  sale,  in  the 
manner  hereinbefore  provided. 

§  6.     Work  to  erect  or  lay  telegraph  or  telephone 
wires,  to  construct  street  railroads,  to  lay  gas  pipes 


ROAD  LAWS.  163 

for  the  purpose  of  carrying  gas  for  heat  and  power, 
to  erect  poles  or  wires  for  transmitting  electric 
heat  or  power,  along  or  upon  any  public  street  or 
highway,  or  to  exercise  any  privilege  whatever,  a 
franchise  for  which  shall  have  been  granted  in  ac- 
cordance with  the  terms  of  this  act,  shall  be  com- 
menced in  good  faith  within  not  more  than  four 
months  from  the  granting  of  any  such  franchise, 
and  if  not  so  commenced  within  said  time  said  fran- 
chise so  granted  shall  be  declared  forfeited,  and 
shall  be  completed  within  not  more  than  three 
years  thereafter,  and  if  not  so  completed  within  said 
time  said  franchise  so  granted  shall  be  forfeited; 
provided,  that  for  good  cause  shown  the  governing 
or  legislative  body  may  by  resolution  extend  the 
time  for  completion  thereof,  not  exceeding  three 
months. 

§  7.  The  successful  bidder  for  any  franchise  or 
privilege  struck  off,  sold,  and  awarded  under  this 
act  shall  file  a  bond  running  to  said  county,  city 
and  county,  or  city  and  town,  with,  at  least,  two 
good  and  sufficient  sureties,  to  be  approved  by 
such  governing  body,  in  a  penal  sum  by  it  to  be 
prescribed,  and  set  forth  in  the  advertisement  for 
bids,  conditioned  that  such  bidder  shall  well  and 
truly  observe,  fulfill  and  perform  each  and  every 
term  and  condition  of  such  franchise,  and  that  in 
case  of  any  breach  of  condition  of  such  bond,  the 
whole  amount  of  the  penal  sum  therein  named  shall 
be  taken  and  deemed  to  be  liquidated  damages, 
and  shall  be  recoverable  from  the  principal  and 
sureties  upon  said  bond.  Said  bond  shall  be  filed 
with  such  governing  body  within  five  days  after 
such  franchise  is  awarded,  and  upon  the  filing  and 
approval  of  such  bond,  the  said  franchise  shall, 
by  said  governing  or  legislative  body,  be  granted 
by  ordinance  to  the  person,  firm  or  corporation  to 
whom  it  has  been  struck  off,  sold,  or  awarded, 
and  in  case  that  said  bond  shall  not  be  so  filed, 


164  ROAD  LAWS. 

the  award  of  such  franchise  shall  be  set  aside,  and 
any  money  paid  therefor  shall  be  forfeited,  and  said 
franchise  shall,  in  the  discretion  of  said  governing 
or  legislative  body,  be  readvertised,  and  again 
offered  for  sale  in  the  same  manner,  and  under  the 
same  restrictions,  as  hereinbefore  provided. 

§  8.  It  shall  be  the  duty  of  the  attorney-gen- 
eral, upon  the  complaint  of  any  county  or  munici- 
pality, or,  in  his  discretion,  upon  the  complaint  of 
any  taxpayer,  to  sue  for  the  forfeiture  of  any  fran- 
chise granted  under  the  terms  of  this  act,  for  the 
noncompliance  with  any  condition  thereof. 

§  9.  No  clause  or  condition  of  any  kind  shall  be 
inserted  in  any  franchise  or  grant  offered  or  sold 
under  the  terms  of  this  act,  which  shall  directly  or 
indirectly  restrict  free  and  open  competition  in  bid- 
ding therefor,  and  no  clause  or  provision  shall  be 
inserted  in  any  franchise  offered  for  sale,  which 
shall  in  any  wise  favor  one  person,  firm  or  corpora- 
tion, as  against  another,  in  bidding  for  the  purchase 
thereof. 

§  10.  Any  member  of  any  common  council  or 
other  governing  or  legislative  body  of  any  county, 
city  or  county,  city  or  town  of  this  State,  who,  by 
his  vote,  violates  or  attempts  to  violate  the  pro- 
visions of  this  act,  or  any  of  them,  shall  be  guilty  of 
a  misdemeanor,  and  may  be  punished  therefor,  as 
provided  by  law,  and  may  be  deprived  of  his  office 
by  the  decree  of  a  court  of  competent  jurisdiction, 
after  trial  and  conviction. 

§  11.  All  acts  or  parts  of  acts  in  conflict  here- 
with are  hereby  repealed;  provided,  however,  that 
nothing  herein  contained  shall  be  construed  as  re- 
pealing, or  amending  the  following  acts,  to  wit: 
"An  act  relating  to  the  granting  by  the  counties 
and  municipalities  of  franchise  for  the  construction 
of  paths  and  roads  for  the  use  of  bicycles  and  other 


EOAD  LAWS.  165 

horseless  vehicles, "  approved  March  twenty- 
seventh,  eighteen  hundred  and  ninety-seven:  "An 
act  to  authorize  cities  and  towns  to  grant  f ranchises 
for  the  construction  and  maintenance  of  railroads 
beyond  the  limits  of  such  cities  or  towns  leading 
to  public  parks  owned  thereby/'  being  chapter 
forty  of  the  laws  of  eighteen  hundred  and  ninety- 
seven  of  the  State  of  California.  This  act  shall 
take  effect  immediately. 

An  Act  to  provide  for  the  care,  management  and 

protection  of  State  highways. 
[Approved  March  24,  1903;    Stats.  1903,  p.  400.] 

§  1.  Removal  of  encroachments  from  State  high- 
ways. 

§  2.    Penalty  for  failure  to  remove. 

§  3.     Action    to   compel    removal. 

§  4.    May  be  removed  by  Commissioner. 

§  5.  Injury  by  means  of  ditches.  Penalty.  Over- 
flow or  seepage.  Ditches  must  be  bridged 
at  crossings.  Dead  animals.  Waste  ma- 
terials. 

§  6.     Injuring  guide  posts. 

§  7.     Fallen  trees. 

§  8.     Same. 

§  9.     Shade  trees  must  not  be  destroyed. 

§10.    Recovery  of  penalties. 

§  1.  If  any  State  highway  duly  declared,  laid 
out,  or  erected,  is  encroached  upon  by  fences,  build- 
ings, or  otherwise,  the  highway  commissioner  of 
California  may  require  the  removal  of  the  encroach- 
ment. Notice  must  be  given  to  the  occupant  or  own- 
er of  the  land  or  person  causing  or  owning  said  en- 
croachment, or  must  be  left  at  his  place  of  resi- 
dence, if  such  be  known  to  the  commissioner,  or  in 
case  of  a  non-resident,  then  left  with  his  agent,  if 
known,  otherwise  it  must  be  posted  on  the  encroach- 
ment. Said  notice  must  specify  the  breadth  of  the 
State  highway,  the  place  and  extent  of  the  en- 
croachment, and  require  him  to  remove  the  same 
within  five  days. 


166  BOAD  LAWS. 

§  2.  If  the  encroachment  is  not  removed,  or 
commenced  to  be  removed  and  diligently  prosecuted 
prior  to  the  expiration  of  the  five  days  from  the 
service  or  the  posting  of  the  notice,  the  one  who 
caused,  owns,  or  controls  the  encroachment  forfeits 
ten  dollars  for  each  day  the  same  continue  unre- 
moved.  If  the  encroachment  is  such  as  to  effectual- 
ly obstruct  and  prevent  the  use  of  the  road  for 
vehicles,  the  State  highway  commissioner  must 
forthwith  remove  the  same. 

§  3.  If  the  encroachment  is  denied,  and  the 
owner,  occupant,  or  person  controlling  the  matter 
or  thing  charged  as  being  an  encroachment  refuses 
to  remove  or  permit  the  removal  thereof,  the  State 
highway  commissioner  must  commence  in  the  proper 
court  an  action  to  abate  the  same  as  a  nuisance.  If 
he  recovers  judgment,  he  may,  in  addition  to  having 
the  same  abated,  recover  ten  dollars  for  every  clay 
such  nuisance  remained  after  such  notice,  and  also 
his  costs  in  said  action. 

§  4.  If  the  encroachment  is  not  denied,  but  is  not 
removed  for  five  days  after  the  notice  given  as 
hereinbefore  provided,  the  State  highway  commis- 
sioner may  remove  the  same  at  the  expense  of  the 
owner,  occupant,  or  person  controlling  the  same,  and 
recover  his  costs  and  expenses,  and  also  ten  dollars 
for  each  day  the  same  remains  after  said  five  days' 
notice,  in  an  action  for  that  purpose. 

§  5.  Whoever  obstructs  or  injures  any  State 
highway,  or  diverts  any  watercourse  thereon,  or 
drains  water  from  his  land  on  any  highway,  to  the 
injury  thereof,  by  means  of  ditches  or  dams,  is 
liable  to  a  penalty  of  ten  dollars  for  each  day  such 
obstruction  or  injury  remains,  and  must  be  pun- 
ished as  provided  in  section  five  hundred  and  eighty- 
eight  of  the  Penal  Code.  Any  person,  persons,  or 
corporations,  who  shall,  by  storing  or  distributing 
water  for  any  purpose,  permit  the  water  to  over- 


BOAD  LAWS.  167 

flow,  or  saturate  by  seepage,  any  State  highway,  to 
the  injury  thereof,  shall,  upon  notification  of  the 
State  highway  commissioner,  discontinue  and  re- 
pair the  damage  occasioned  by  such  overflow  or 
seepage;  and  should  such  repair  not  forthwith  be 
made  by  such  person,  persons,  or  corporations, 
said  State  highway  commissioner  shall  make  such 
repairs  and  if  necessary  divert  the  flow  or  seepage, 
and  recover  the  expense  thereof  from  such  person, 
persons,  or  corporation,  in  an  action  by  law.  All 
persons  excavating  irrigation,  mining,  or  draining 
ditches  across  the  State  highways  shall  be  required 
to  bridge  such  ditches  under  the  direction  of  the 
commissioner,  at  such  crossings,  and  upon  neglect 
to  do  so,  the  State  highway  commissioner  shall  con- 
struct the  same  and  recover  the  cost  of  constructing 
said  bridge  or  bridges  of  such  person  by  action,  as 
provided  in  this  section;  and  whoever  willfully  in- 
jures any  bridge  on  a  State  highway  is  hereby  de- 
clared to  be  guilty  of  a  misdemeanor,  and  is  also 
liable  for  actual  damages  for  such  injury,  to  be  re- 
covered by  the  State  in  a  civil  action;  provided, 
further,  that  every  person  who  knowingly  allows 
the  carcass  of  any  dead  animal  (which  animal  be- 
longs to  him  at  the  time  of  its  death)  to  be  put  or 
remain  within  one  hundred  feet  of  any  State  high- 
way, and  every  person  who  puts  the  carcass  of  any 
dead  animal  within  one  hundred  feet  of  any  State 
highway,  or  who  shall  deposit  on  any  State  highway 
any  refuse,  or  waste  tin,  sheet  iron,  broken  glass, 
or  other  refuse  matter,  is  guilty  of  a  misdemeanor. 

§  6.  Whoever  removes  or  injures  any  mile-stone, 
mile-board,  or  guide-post,  or  any  inscription  there- 
on, erected  on  any  State  highway,  is  liable  to  a 
penalty  of  ten  dollars  for  every  such  offense,  and 
punishable  as  provided  in  section  five  hundred  and 
ninety  of  the  Penal  Code. 

§  7.    Any  person  may  notify  the  occupant  or  own- 


168  BOAD  LAWS. 

er  of  any  land  from  which  a  tree  or  other  obstruc- 
tion has  fallen  upon  any  State  highway  to  remove 
such  tree  or  obstruction  forthwith.  If  it  is  not  so 
removed,  the  owner  or  the  occupant  is  liable  to  a 
penalty  of  one  dollar  for  every  day  thereafter  until 
it  is  removed,  and  the  cost  of  removal  at  the  suit 
of  the  commissioner. 

§  8.  Whoever  cuts  down  a  tree  so  that  it  falls 
into  any  State  highway  must  forthwith  remove  the 
same,  and  is  liable  to  a  penalty  of  ten  dollars  for 
every  day  the  same  remains  in  such  highway. 

§  9.  Whoever  digs  up,  cuts  down,  or  otherwise 
maliciously  injures  or  destroys  any  shade  or  orna- 
mental trees  on  any  State  highway,  unless  the  same 
is  deemed  an  obstruction  by  the  State  highway  com- 
missioner, and  removed  under  his  direction,  forfeits 
one  hundred  dollars  for  each  such  tree. 

§  10.  All  penalties  or  forfeitures  and  other  re- 
coveries given  in  this  act  and  not  otherwise  pro- 
vided for,  must  be  recovered  by  the  State  highway 
commissioner  by  suit  in  the  name  of  the  State,  and 
paid  into  the  State  treasury,  and  thereafter  be  used 
for  the  purpose  of  costs  or  expenses  in  future  pro- 
ceedings under  this  act  or  for  State  road  purposes. 

§  11.  Ail  acts,  or  parts  of  acts,  in  conflict  with 
the  provisions  of  this  act,  are  hereby  repealed. 

§  12.  This  act  shall  take  effect  and  be  in  force 
from  and  after  its  passage. 

An  Act  to  provide  for  the  formation  and  establish- 
ment of  boulevard  districts;  the  construction,  ac- 
quisition, maintenance,  control  and  use  of  boule- 
vards;  defining  the  term  boulevard;  providing  for 
the  voting,  issuing  and  selling  of  bonds,  and  the 
levying  of  taxes  to  pay  for  the  acquisition,  con* 
struction,  maintenance  and  repair  of  such  boule- 


EOAD  LAWS.  109 

vard;  providing  for  a  boulevard  commission  to 
have  charge  of  the  affairs  of  boulevard  districtSj 
and  the  construction,  maintenance  and  repair  of 
boulevards  within  such  districts;  providing  for  the 
election  of  such  commission,  their  terms  of  office, 
and  of  elections  to  be  held  in  such  districts;  and 
repealing  an  act  entitled  "An  Act  to  provide  for 
the  formation  of  boulevard  districts,  and  the  con- 
struction, maintenance,  and  use  of  boulevards, 
and  defining  the  term  boulevard/'  approved 
March  22,  1905,  and  the  act  amendatory  thereof 
approved  April  15,  1909. 
[Approved  May  1,  1911.  Stats.  1911,  Chap.  737.] 

§     1.     Boulevard    districts,    formation   of. 

§     2.     Petition  for. 

§     3.     Notice  of  hearing  petition. 

§     4.     Hearing. 

§     5.     Boundaries  of  district. 

§  6.  Notice  of  election  to  determine  if  district  shall  be 
formed. 

§     7.     Conduct  of  election.     Ballots. 

§  8.  Election  of  members  for  boulevard  board  and  boule- 
vard commission. 

§     9.     Powers  of  boulevard  district. 

§  10.     Boulevard  commission  constitute   officers   of  district. 

§  11.     Boulevard  commission,   meetings  and  powers. 

§  12.     Moneys  of  district,  how  expended.    Boulevard  denned. 

§  13.     Boulevard  commission  may   call  bond  issue   election. 

§  14.  Conduct  of  such  election.  Ballots.  Contract  for 
constructing  boulevard,  how  made. 

§  15.     Terms  of  bonds  issued  for  construction  of  boulevard. 

§  16.  Commissioners  must  furnish  supervisors  estimate  of 
moneys  needed  for  district. 

§  17.     Supervisors  must  levy  boulevard  district  tax. 

§  18.     Treasury  of  county  repository  of  district  funds. 

§  19.     Apportionment  of  district  funds  by  treasurer. 

§  20.     Amount  to  be  raised  by  issuance  of  bonds,  etc. 

§  21.  County  surveyor  shall  prepare  map  when  directed 
by  commission. 

§  22.  Bond  to  be  filed  with  petition  for  organization  of 
district. 

§  23.     Proceedings  on  dissolution  of  district. 

§  24.     Repeal  of  former  act. 

§  1.  Any  portion  of  a  county  not  contained  in  a 
boulevard  district  under  the  provisions  of  this  act, 
may  be  formed  into  a  boulevard  district,  and  when 
so  formed  shall  be  known  and  designated  by  the 


170  EOAD  LAWS. 

name  and  style  of boulevard  district 

(using  the  name  of  the  district)   of  

county  (using  the  name  of  the  county  in  which 
said  district  is  located),  and  shall  have  the  rights 
herein  enumerated  and  such  as  may  hereafter  be 
conferred  by  law. 

§  2.  A  petition  for  the  formation  of  such  boule- 
vard district  (naming  it)  may  be  presented  to  the 
board  of  supervisors  of  the  county  wherein  the  dis- 
trict is  proposed  to  be  formed,  which  petition  shall 
be  signed  by  not  less  than  twenty-five  freeholders, 
resident  within  the  proposed  district,  and  shall  con- 
tain: 

(1)  The  boundaries  of  the  proposed  district,  and 
the  number  of  inhabitants  residing  therein; 

(2)  The  number  of  acres  contained  therein  and 
the  assessed  value  thereof  and  of  the  improvements 
thereon; 

(3)  A    particular    description   of  the  boulevard 
which  it  is  desired  to  lay  out,  open  and  construct; 

(4)  A  request  that  an  election  be  called  within 
said    district    for   the   purpose    of    determining   the 
question  of  the  formation  of  said  boulevard  district 
and  the  building  of  the  boulevard  described  in  said 
petition. 

§  3.  Such  petition  must  be  presented  at  a  regular 
meeting  of  said  board  of  supervisors  and  they  shall 
thereupon  fix  a  time  for  hearing  said  petition,  not 
less  than  twenty,  nor  more  than  sixty  days  after 
the  date  of  presentation  thereof,  and  shall  publish 
a  notice  of  the  fact  that  such  petition  has  been 
filed  (referring  to  the  same  on  file  with  the  clerk  of 
the  board  of  supervisors  for  further  particulars)  and 
giving  the  date  and  hour  at  which  said  petition  will 
be  heard,  which  said  notice  shall  be  published  at 
least  once  a  week  for  two  consecutive  weeks  in  some 
newspaper  published  and  circulated  in  said  proposed 
district;  provided,  that  if  no  newspaper  be  so  pub- 
lished in  said  district,  then  said  notice  shall  be  so 
published  in  some  newspaper  published  and  circu- 


EOAD  LAWS.  171 

lated  at  the  county  seat  in  which  said  proposed  dis- 
trict is  located. 

§  4.  Upon  the  day  named  for  the  hearing  of 
said  petition,  the  board  of  supervisors  shall  hear  the 
same  and  may  adjourn  such  hearing  from  time  to 
time,  not  more  than  thirty  days  in  all. 

On  the  final  hearing  the  said  board  shall  define 
and  establish  the  boundaries  of  said  boulevard  dis- 
trict as  provided  in  said  petition,  unless  they  shall 
deem  it  proper  to  change  them,  provided  that  any 
change  made  by  said  board  of  supervisors  shall  not 
include  any  territory  outside  of  the  boundaries  de- 
scribed in  the  petition,  until  the  board  has  given 
at  least  two  weeks  notice  of  its  intention  to  include 
such  territory  within  such  district,  by  publication 
for  two  weeks  of  such  notice  of  intention  in  a  news- 
paper of  general  circulation  published  either  in  said 
district  or  at  the  county  seat.  The  territory  of 
such  district  shall  not  be  changed  or  reduced  to 
such  an  extent  as  to  prevent  the  creation  and  estab- 
lishment of  such  boulevard  district. 

§  5.  The  boundaries  established  by  the  board  of 
supervisors  shall  be  the  boundaries  of  such  boulevard 
district  until  the  same  shall  be  changed  in  the  man 
ner  provided  by  law.  But,  if  it  shall  appear  to  the 
board  that  the  boundaries  of  any  such  district  have 
been  incorrectly  described  in  the  petition  it  shall 
direct  the  county  surveyor  to  ascertain  and  report 
the  correct  description  of  the  boundaries,  in  con- 
formity with  the  orders  of  said  board  of  supervisors, 
which  said  report  must  be  filed  within  ten  days  from 
the  day  of  making  such  order.  At  the  first  regular 
meeting  after  the  filing  of  said  report,  the  board  of 
supervisors  shall  ratify  the  same,  by  resolution  en- 
tered in  its  minutes,  with  such  modifications  as  they 
deem  necessary,  and  the  boundaries  so  established 
shall  be  the  legal  boundaries  of  such  boulevard  dis- 
trict. 

§  6.  The  board  of  supervisors  thereupon  and  not 
later  than  thirty  days  after  the  establishment  of 


172  EOAD  LAWS. 

said  boundaries,  as  hereinbefore  provided,  shall  give 
notice  of  an  election  to  be  held  in  such  proposed 
boulevard  district  for  the  purpose  of  determining 
whether  such  district  shall  be  formed.  The  order 
must  fix  the  day  of  such  election,  which  must  be 
within  sixty  days  from  the  date  of  the  order,  and 
must  show  the  boundaries  of  the  proposed  district, 
and  must  state  that  at  such  election  three  persons 
who  are  to  compose  the  boulevard  commission  will 
be  voted  for.  This  order  shall  be  entered  in  the 
minutes  of  the  board,  and  shall  be  conclusive  evi- 
dence of  the  due  presentation  of  a  proper  petition, 
and  of  the  fact  that  each  of  the  petitioners  was  at 
the  time  of  the  signing  and  presentation  of  such 
petition,  a  resident  and  freeholder  of  the  proposed 
district;  a  copy  of  such  order  shall  be  posted  for 
four  successive  weeks  prior  to  the  election,  in  three 
public  places  within  the  proposed  district,  and  shall 
be  published  for  four  successive  weeks  prior  to  the 
election  in  some  newspaper  published  in  the  pro- 
posed district,  if  there  be  one,  and  if  not,  in  some 
newspaper  published  at  the  county  seat.  It  shall  be 
sufficient  if  the  order  be  published  once  a  week. 

§  7.  The  board  of  supervisors,  at  least  fifteen 
days  prior  to  the  election,  shall  select  one,  and 
may  select  two,  polling  places  within  the  proposed 
district,  and  make  all  suitable  arrangements  for  the 
holding  of  such  election.  They  must  appoint  one 
inspector  and  two  judges  of  election  in  each  polling 
place,  who  shall  constitute  the  officers  of  said  elec- 
tion; if  none  are  so  appointed  or  if  those  appointed 
are  not  present  at  the  time  of  the  opening  of  the 
polls,  the  electors  present  may  appoint  them  and 
they  shall  conduct  the  election.  The  ballot  shall 
contain  the  words  "For  a  Boulevard  District77  or 
"Against  a  Boulevard  District77  as  the  case  may 
be,  and  also  the  names  of  the  persons  to  be  voted 
for  at  said  election.  At  such  election  there  shall  be 
elected  three  persons  for  members  of  the  boulevard 
commission.  Such  election,  and  all  subsequent  elec- 
tions in  said  district,  shall  be  conducted  as  nearly 


EOAD  LAWS.  173 

as  practicable  in  accordance  with  the  general  elec- 
tion laws  of  the  state,  except  that  the  provisions  of 
said  laws  as  to  the  form  of  ballots  and  the  making 
of  nominations  shall  not  apply.  Every  qualified  elec- 
tor, resident  within  the  proposed  district  for  the 
period  requisite  to  enable  him  to  vote  at  a  general 
election  shall  be  entitled  to  vote  at  the  election  above 
provided  for.  The  officers  of  the  election  must  certify 
the  result  of  the  election  to  the  board  of  super- 
visors and  if  a  majority  of  the  votes  cast  at  such 
election  shall  be  in  favor  of  a  boulevard  district  the 
board  of  supervisors  shall  make  and  cause  to  be  en- 
tered in  the  minutes  of  said  board  an  order  that 
a  boulevard  district  of  the  name  and  with  the 
boundaries  stated  in  the  petition  (setting  forth 
such  boundaries)  has  been  duly  established  and  shall 
declare  the  persons  receiving  respectively  the  highest 
number  of  votes  for  members  of  the  boulevard 
commission,  duly  elected  as  such  commissioners; 
and  said  order  shall  be  conclusive  evidence  of  the 
fact  and  regularity  of  all  prior  proceedings  of  every 
kind  and  nature  provided  for  by  this  act  or  by  law, 
and  of  the  existence  and  validity  of  the  boulevard 
district.  If  a  majority  of  the  votes  cast  shall  be 
against  a  boulevard  district,  the  board  shall  by 
order  entered  in  its  minutes  so  declare,  and  no 
other  proceeding  shall  be  taken  in  relation  thereto 
until  the  expiration  of  six  months  from  the  date  of 
the  presentation  of  the  petition  to  said  board. 

§  8.  There  shall  be  an  election  for  two  mem- 
bers of  the  boulevard  board  in  every  even-numbered 
year,  beginning  with  the  first  even  numbered  year 
after  the  election  at  which  the  said  district  was 
organized,  and  the  two  members  then  to  be  elected 
shall  hold  office  until  the  election  and  qualification 
of  their  successors  in  the  next  even-numbered  year; 
and  there  shall  be  an  election  for  one  member  of 
the  boulevard  commission  in  every  odd-numbered 
year  beginning  with  the  first  odd-numbered  year 
after  the  election  at  which  the  district  was  organ- 
ized, and  the  member  then  to  be  elected  shall  hold 


174  ROAD  LAWS. 

office  until  the  election  and  qualification  of  his 
successor  in  the  next  odd-numbered  year.  The  three 
members  elected  at  the  election  at  which  the  dis- 
trict was  organized  shall,  at  their  first  meeting,  or 
as  soon  thereafter  as  may  be  practicable,  so  classify 
themselves,  by  lot,  that  two  of  them  shall  go  out 
of  office  in  the  first  even-numbered  year  after  the 
election  at  which  the  district  was  organized,  and 
upon  the  election  and  qualification  of  their  suc- 
cessors, as  provided  by  this  act.  The  members  of 
the  boulevard  commission  shall  receive  no  compen- 
sation whatever,  either  for  general  or  for  special 
services.  All  elections  for  officers  after  the  forma- 
tion of  the  district  shall  be  held  on  the  first  Monday 
after  the  first  Tuesday  in  the  month  of  March. 
Not  less  than  twenty  days  after  the  day  of  such 
election  the  boulevard  commission  must  give  notice 
of  said  election  by  posting  notice  thereof  in  three 
public  places  in  the  boulevard  district,  which  notice 
must  specify  the  time  and  place  of  elections,  the 
hours  during  which  the  polls  will  be  kept  open,  and 
the  officers  to  be  elected.  They  shall  select  one, 
and  may  select  two,  polling  places  within  the  dis- 
trict; shall  appoint  one  inspector  and  two  judges  of 
election  in  each  polling  place,  and  make  all  nec- 
essary and  proper  arrangements  for  holding  the 
election.  Said  election  officers  shall  constitute  the 
election  board.  If  no  election  officers  are  so  ap- 
pointed, or  if  those  appointed  are  not  present  at 
the  time  of  the  opening  of  the  polls,  the  electors 
present  may  appoint  them  and  they  shall  conduct 
the  election.  Such  election  shall  be  conducted  as 
nearly  as  practicable  in  accordance  with  the  gen- 
eral election  laws  of  the  state,  except  that  the  re- 
quirements of  said  laws  as  to  the  form  of  ballots 
and  the  making  of  nominations  of  candidates,  shall 
not  apply.  Every  qualified  elector  resident  within 
the  district  for  the  period  requisite  to  enable  him  to 
vote  at  a  general  election,  shall  be  entitled  to  vote 
at  the  election.  At  such  election  the  last  great 
register  of  the  county  shall  be  used,  and  any  elector 
whose  name  is  not  upon  such  great  register  shall  be 


ROAD  LAWS.  175 

entitled  to  vote  upon  producing  and  filing  with  the 
board  of  election  a  certificate,  under  the  hand  and 
seal  of  the  county  clerk,  showing  that  his  name  is 
registered  and  uncancelled  upon  the  great  register 
of  such  county,  provided  that  he  is  otherwise  en- 
titled to  vote. 

The  officers  of  the  election  must  publicly  canvass 
the  votes  immediately  after  the  closing  of  the  polls, 
and  must  certify  the  result  within  twenty-four 
hours  after  the  closing  of  the  polls  to  the  boulevard 
commission.  Said  commission  shall  within  five  days 
after  the  day  of  election  canvass  said  returns,  and 
shall  make,  sign  and  deliver  certificates  of  election 
to  the  person  or  persons  elected. 

§  9.  Every  boulevard  district  formed  under  the 
provisions  of  this  act  shall  have  power  to  have  and 
use  a  common  seal,  alterable  at  the  pleasure  of  the 
boulevard  commission;  to  sue  and  be  sued  by  its 
name;  to  lay  out,  establish,  construct,  acquire  and 
maintain  one  or  more  boulevards  within  the  dis- 
trict, and  for  this  purpose  to  acquire  by  purchase, 
gift,  devise,  condemnation  proceedings  or  otherwise 
real  and  personal  property  and  rights  of  way  within 
the  district,  and  to  pay  for  and  hold  the  same;  to 
make  and  accept  any  and  all  contracts,  deeds,  re- 
leases and  documents  of  any  kind  which  shall  be 
necessary  or  proper  to  the  exercise  of  any  of  the 
powers  of  the  district,  and  to  direct  the  payment 
of  all  lawful  claims  and  demands  against  it;  to 
issue  bonds  as  hereinafter  provided,  and  to  provide 
for  the  payment  of  the  same  and  the  interest  there- 
on; and  to  cause  to  be  levied  taxes  sufficient  when 
directed  by  a  vote  of  the  people  of  the  district  for 
the  construction,  maintenance  or  repair  of  said 
boulevard,  and  the  running  expenses  of  the  dis- 
trict; to  employ  all  necessary  engineers,  surveyors, 
agents  and  workmen  to  do  the  work  on  said  boule- 
vard and  in  said  district;  and  generally  to  do  and 
perform  any  and  all  acts  necessary  or  proper  to  the 
complete  exercise  and  effect  of  any  of  its  powers  or 
the  purposes  for  which  it  was  formed. 


176  EOAD  LAWS. 

§  10.  The  officers  of  the  district  shall  be  three 
members  of  the  boulevard  commission,  and  their 
term  of  office  shall  be  for  two  years.  No  person 
shall  be  eligible  to  act  as  a  commissioner  who  has 
not  been  a  bona  fide  resident  and  freeholder  of  the 
district  for  at  least  one  year  prior  to  his  election 
or  appointment.  Any  vacancy  in  the  commission 
shall  be  filled  by  appointment  for  the  unexpired 
term  by  the  board  of  supervisors  of  the  county  in 
which  said  district  is  located,  but  no  member  of 
the  board  of  supervisors  shall  be  eligible  to  member- 
ship on  said  commission,  or  to  hold  any  position  in 
connection  therewith.  Each  commissioner  shall  give 
a  bond  to  the  boulevard  district  for  the  faithful 
performance  of  his  duties  in  the  sum  of  five  thou- 
sand dollars,  to  be  approved  by  the  judge  of  the 
superior  court. 

§  11.  The  boulevard  commission  shall  be  the 
governing  body  of  the  district,  and  shall  exercise 
all  the  powers  thereof.  At  its  first  meeting,  or  as 
soon  thereafter  as  may  be  practicable,  the  commis- 
sion shall  choose  one  of  its  members  as  president, 
and  another  of  its  members  as  secretary.  All  con- 
tracts, deeds,  warrants,  releases,  receipts  and  docu- 
ments of  every  kind  shall  be  signed  in  the  name 
of  the  district  by  its  president,  and  shall  be  coun- 
tersigned by  its  secretary.  The  commission  may 
hold  such  meetings, ^either  in  the  day  or  in  the 
evening,  as  may  be  convenient.  In  case  of  the 
absence  or  inability  to  act  of  the  president  or  sec- 
retary, the  board  shall,  by  order  entered  upon  its 
minutes,  choose  a  president  pro  tem.  or  secretary 
pro  tem.,  as  the  case  may  be. 

§  12.  Any  boulevard  constructed  under  this  act 
may  be  constructed  over,  along  or  upon  any  county 
road  or  public  highway,  or  any  part  thereof,  and 
the  moneys  belonging  to  such  boulevard  district 
may  be  expended  in  the  improvement  of  such  road 
or  highway  to  conform  to  the  width  and  general 
character  of  the  balance  of  the  boulevard. 


EOAD  LAWS.  177 

By  the  term  "  boulevard "  as  used  herein  is  meant 
a  highway  of  limited  dedication  and  use,  not  less 
than  thirty,  and  not  more  than  one  hundred  feet  in 
width,  and  upon,  along,  and  over  which  no  fran> 
chise  for  telephone,  telegraph  or  electric  wires  or 
poles,  or  for  the  operation  or  running  of  cars  or 
vehicles  upon  fixed  tracks  or  rails  thereon,  shall 
be  granted;  and  any  easements  granted  or  con- 
demned for  the  building  of  said  boulevard  shall  be 
so  granted  or  condemned,  provided,  that  nothing 
herein  shall  be  deemed  to  apply  to  or  as  preventing 
the  granting  of  such  franchise  or  limiting  the  use 
of  wagons  across  said  boulevard,  on,  over  and  along 
intersecting  streets  and  highways. 

§  13.  At  any  time  after  the  district  is  organ- 
ized, the  boulevard  commission  may,  by  order  en- 
tered in  the  minutes  of  the  meetings  of  the  commis- 
sion, call  an  election  for  the  purpose  of  determin- 
ing whether  bonds  shall  be  issued  for  the  con- 
struction of  such  boulevard.  Such  order  shall  fix 
the  day  of  the  election  and  shall  specify  the 
amount  of  money  to  be  raised,  and  shall  state  in 
general  terms  the  purpose  for  which  it  is  to  be 
raised.  A  copy  of  such  order  shall  be  posted  for 
four  successive  weeks  prior  to  the  election  in  at 
least  three  public  places  within  the  district,  and 
shall  be  published  for  four  successive  weeks  prior 
to  the  election  in  some  newspaper  published  within 
the  district,  if  there  be  one,  and  if  not,  in  some 
newspaper  published  at  the  county  seat.  It  shall 
be  sufficient  if  the  order  be  published  once  a 
week. 

§  14.  At  any  time  prior  to  the  day  fixed  for  the 
election  the  commission  shall  select  one,  and  may 
select  two,  polling  places  within  the  district,  and 
appoint  one  inspector,  one  judge  and  one  clerk  for 
each  precinct  to  conduct  the  same,  and  shall  make 
all  necessary  and  proper  arrangements  for  holding 
the  election.  The  ballots  shall  contain  the  words 
"For  the  issuance  of  bonds, "  or  "Against  the  is- 


178  ROAD  LAWS. 

suance  of  bonds. "  The  election  shall  be  conducted 
in  accordance  with  the  general  election  laws  of  the 
state,  so  far  as  the  same  may  be  applicable,  ex- 
cept as  herein  otherwise  provided.  Every  qualified 
elector  resident  within  the  district  for  the  length 
of  time  necessary  to  enable  him  to  vote  at  a  gen- 
eral election  shall  be  entitled  to  vote  at  the  elec- 
tion. After  the  votes  shall  have  been  counted  and 
the  result  announced  by  the  election  officers  the 
ballots  shall  be  sealed  up  and  delivered  to  the  sec- 
retary or  president  of  the  boulevard  commission, 
and  said  commission  shall  within  two  days  there- 
after proceed  to  canvass  the  same  and  shall  enter 
the  result  upon  its  minutes.  Such  entry  shall  be 
conclusive  evidence  of  the  fact  and  regularity  of  all 
prior  proceedings  of  every  kind  and  nature  provided 
by  this  act  or  by  law,  and  of  the  facts  stated  in 
such  entry.  If,  at  such  election,  two-thirds  of  the 
votes  cast  be  in  favor  of  the  issuance  of  bonds,  the 
said  commission  shall  have  full  power  and  authority 
to  issue  and  dispose  of  said  bonds  as  proposed  in 
the  order  calling  the  election  and  as  hereinafter 
provided. 

The  boulevard  commission  shall  advertise  for 
bids  for  constructing  such  boulevard,  or  for  doing 
any  repair  or  maintenance  work  thereon  in  accord- 
ance with  plans,  profiles,  and  specifications  to  be 
prepared  by  said  commission,  by  publishing  a  no- 
tice thereof  for  three  successive  weeks  in  a  weekly 
newspaper  published  within  the  boulevard  district, 
if  such  newspaper  is  published  therein;  otherwise 
in  a  newspaper  published  at  the  county  seat.  Every 
contract  for  doing  any  part  of  said  work  shall  be 
let,  after  advertisement  as  herein  provided,  to  the 
lowest  responsible  bidder,  who  shall  give  a  bond 
to  the  boulevard  district  for  the  faithful  perform- 
ance of  his  contract,  with  sureties  satisfactory  to 
said  commission  in  an  amount  equal  to  at  least  fifty 
per  cent  of  the  amount  of  the  contract  price,  which 
shall  be  stated  in  said  advertisement,  provided, 
however,  that  the  commission  may  make  contracts, 
without  advertisement,  for  any  work  on  said  boule- 


EOAD  LAWS.  179 

vard  the  cost  of  which  does  not  exceed  one 
thousand  dollars;  and  provided,  further,  that  the 
commission  may  reject  any  or  all  bids  and  may 
thereupon  readvertise  for  bids  for  doing  any  part 
or  the  whole  of  said  work;  or  may  do  said  work 
without  letting  any  contract  therefor  when  the 
amount  of  the  work  is  less  than  one  thousand  dol- 
lars. Said  commission  may  hire  all  necessary  en- 
gineers, inspectors  and  superintendents  to  supervise 
the  performance  of  contracts  entered  into  by  said 
commission,  or  to  have  charge  of  the  doing  of  all 
work  done  without  contract. 

§  15.  All  bonds  issued  under  the  provisions  of 
this  act  shall  be  of  such  denomination  as  the 
boulevard  commission  may  determine,  except  that 
no  bonds  shall  be  of  less  denomination  than  one 
hundred  dollars  nor  of  a  greater  denomination  than 
one  thousand  dollars.  Said  bonds  shall  be  payable 
in  gold  coin  of  the  United  States  at  the  office  of 
the  county  treasurer  of  the  county  wherein  said 
district  is  situated,  and  shall  bear  interest  at  a  rate 
not  exceeding  seven  per  centum  per  annum;  which 
interest  shall  be  payable  semi-annually  in  like  gold 
coin.  Not  less  than  one-twentieth  part  of  the  total 
issue  of  bonds  shall  be  payable  each  year,  on  a  day 
to  be  fixed  by  the  commission  and  specified  in  the 
bonds.  Each  bond  shall  be  signed  by  the  president 
and  countersigned  by  the  secretary  of  the  boulevard 
commission,  and  said  bonds  shall  be  numbered  con- 
secutively, beginning  with  number  one,  and  shall 
have  coupons  attached  referring  to  the  number  of 
the  bond  to  which  they  are  attached,  which  coupon 
shall  be  signed  by  the  president  and  countersigned 
by  the  secretary  of  said  commission.  The  bonds 
must  be  sold  or  disposed  of  by  the  boulevard  com- 
mission in  such  manner  and  in  such  quantities  as 
may  be  determined  by  said  commission  in  its  dis- 
cretion, but  no  bond  must  be  sold  for  less  than  its 
face  value.  The  proceeds  of  such  sale  shall  be  de- 
posited with  the  county  treasurer  and  shall  be  by 
him  placed  in  the  fund  to  be  called  the  boulevard 


180  EOAD  LAWS. 

construction  and  maintenance  fund  of 

boulevard  district  (naming  it) ;  the  money  in  such 
fund  shall  be  used  for  the  purpose  indicated  in  the 
order  calling  the  election  upon  the  question  of  the 
issuance  of  bonds;  provided  that  any  money  re- 
maining in  said  fund  on  completion  of  the  work 
contracted  for,  shall  be  expended  in  the  betterment 
and  maintenance  of  said  boulevard.  If  the  result 
of  the  election  be  against  the  issuance  of  bonds  no 
other  election  upon  the  question  shall  be  called  or 
held  for  six  months. 

§  16.  The  commissioners  must  on  or  before  the 
first  meeting  of  the  board  of  supervisors  in  Septem- 
ber of  each  year,  furnish  the  supervisors  and  the 
auditor  of  the  county  wherein  the  district  is  situ- 
ated, an  estimate  in  writing  of  the  amount  of 
money  needed  for  the  purpose  of  the  district  for 
the  ensuing  fiscal  year.  The  amount  must  be 
sufficient  to  pay  off  the  annual  interest  accruing 
upon  said  bonds,  as  it  falls  due,  and  also  to  pay  one- 
twentieth  part  of  the  principal  of  said  bonds;  to 
pay  the  estimated  cost  of  repairs  and  maintenance 
of  the  boulevard  and  the  running  expenses  of  the 
district. 

§  17.  The  board  of  supervisors  of  any  county 
wherein  is  situated  a  boulevard  district,  must  an- 
nually at  the  time  of  levying  county  taxes  levy  a 

tax  to  be  known  as  the  " (name   of 

district)  boulevard  district  tax, J  ?  sufficient  to  raise 
the  amount  reported  to  them  as  herein  provided,  by 
the  boulevard  commission.  The  supervisors  must 
determine  the  rate  of  such  tax  by  deducting  fifteen 
per  cent  for  anticipated  delinquencies  from  the  to- 
tal assessed  value  of  the  real  property  of  the  dis- 
trict within  the  county,  as  it  appears  on  the  assess- 
ment roll  of  the  county,  and  dividing  the  sum  re- 
ported by  the  boulevard  commission  as  required  to 
be  raised  by  the  remainder  of  such  total  assessed 
value.  The  tax  so  levied  shall  be  computed  and 
entered  on  the  assessment  roll  by  the  county  audi- 


BOAD  LAWS.  181 

tor,  and  if  the  supervisors  fail  to  levy  the  tax  as 
provided  in  the  preceding  section,  then  the  auditor 
must  do  so.  Such  tax  shall  be  collected  at  the  same 
time  and  in  the  same  manner  as  state  and  county 
taxes,  and  when  collected  shall  be  paid  into  the 
county  treasury  for  the  use  of  said  district,  and 
the  purposes  herein  specified.  The  provisions  of  the 
Political  Code  of  this  state  prescribing  the  manner 
of  levying  and  collecting  taxes  and  the  duties  of 
the  several  county  officers  with  respect  thereto  are, 
so  far  as  they  are  applicable  and  not  in  conflict 
with  the  specific  provisions  of  this  act,  hereby 
adopted  and  made  a  part  hereof.  Such  oflicers  shall 
be  liable  upon  their  several  official  bonds  for  the 
faithful  discharge  of  the  duties  imposed  upon  them 
by  this  act. 

§  18.  The  treasury  of  the  county  wherein  the 
district  is  situated  shall  be  the  repository  of  all  the 
funds  of  the  district.  The  treasurer  of  the  county 
shall  receive  and  receipt  for  the  same,  and  shall 
place  the  same  to  the  credit  of  the  district.  He 
shall  be  responsible  upon  his  official  bond  for  their 
safe  keeping  and  disbursement  in  the  manner  herein 
provided. 

§  19.  The  following  funds  are  hereby  estab- 
lished to  which  the  money  belonging  to  the  district 
shall  be  apportioned  by  the  treasurer,  to  wit:  Bond 
fund;  construction  and  maintenance  fund,  and  dis- 
trict expense  fund.  The  treasurer  shall  pay  out  the 
same  only  upon  warrants  of  the  boulevard  commis- 
sion, signed  by  the  president  and  attested  by  the 
secretary.  The  treasurer  shall  report  in  writing  to 
the  commissioners  whenever  requested  by  them  or 
the  secretary  the  amount  of  money  in  the  various 
funds,  the  amounts  of  receipts  since  his  last  report 
and  the  amounts  paid  out. 

§  20.  The  amount  to  be  raised  by  the  issuance  of 
bonds  on  the  taxable  property  within  said  district, 
shall  in  the  aggregate  not  exceed  seventy-five  per 
cent  of  the  estimated  cost  of  acquiring  the  right  of 


182  BOAD  LAWS. 

way  therefor  and  the  constructing  said  boulevard, 
as  given  in  the  estimates  to  be  furnished  by  the 
county  surveyor;  the  balance  of  twenty-five  per  cent 
shall  be  paid  out  of  the  general  road  fund  of  the 
county.  Seventy-five  per  cent  of  the  cost  of  main- 
tenance and  repair  of  said  boulevard  shall  be  paid 
by  the  boulevard  district  and  twenty-five  per  cent 
of  the  cost  of  such  maintenance  and  repair  thereof 
shall  be  paid  out  of  the  general  road  fund  of  the 
county. 

§  21.  When  directed  by  the  boulevard  commis- 
sion of  said  district,  and  before  the  calling  of  any 
election  for  the  issuance  of  bonds,  the  county  sur- 
veyor shall  prepare  a  map  showing  the  location  of 
said  proposed  boulevard;  also  showing  a  cross-sec- 
tion and  profile  of  said  proposed  boulevard,  to- 
gether with  specifications  for  the  construction  there- 
of, and  an  estimate  of  the  cost  of  acquiring  the 
right  of  way  therefor,  and  of  the  construction  of 
said  boulevard. 

§  22.  There  shall  be  filed,  with  said  board  of 
supervisors  at  the  time  of  the  filing  of  the  petition 
for  the  organization  of  said  boulevard  district  with 
said  board,  a  bond  in  the  sum  of  not  more  than 
three  hundred  dollars,  with  two  sufficient  sureties, 
to  be  approved  by  said  board,  who  shall  each  qualify 
in  double  the  amount  of  said  bond,  conditioned  that 
they  will  pay  the  expense  and  cost  of  said  election 
in  an  amount  not  exceeding  the  amount  mentioned 
in  said  bond,  in  case  the  proposition  to  organize  said 
district  shall  be  defeated  at  said  election. 

§  23.  The  district  may  at  any  time  be  dissolved 
upon  the  vote  of  two-thirds  of  the  qualified  electors 
thereof  at  an  election  called  by  the  boulevard  com- 
mission upon  the  question  of  dissolution.  Upon  a 
petition  signed  by  a  majority  of  the  electors  of  said 
district,  asking  for  the  dissolution  of  said  district, 
the  boulevard  commission  shall  within  thirty  days 
after  receiving  said  petition,  by  resolution,  order 
that  an  election  be  held  in  the  said  district  for  the 


EOAD  LAWS.  183 

determination  of  the  question,  and  appoint  three 
qualified  electors  thereof  to  conduct  said  election, 
Such  election  shall  be  called  and  conducted  in  the 
same  manner  as  other  elections  of  the  district. 
Upon  such  dissolution,  any  property  which  may 
have  been  acquired  by  such  boulevard  district  shall 
vest  in  any  incorporated  town  or  city  where  said 
boulevard  district  shall  be  wholly  within  or  be  iden- 
tical with  the  corporate  limits  of  such  incorporated 
town  or  city;  and  the  property  in  the  territory  of 
said  district  outside  of  the  limits  of  such  incor- 
porated town  or  city  shall  vest  in  the  county  board 
of  supervisors;  and  if  there  be  no  such  incorporated 
town  or  city,  then  such  property  shall  vest  in  the 
board  of  supervisors  of  the  county  wherein  such 
boulevard  district  is  situated  until  the  formation 
of  such  incorporated  town  or  city;  provided,  how- 
ever, that  if  at  the  time  of  the  election  to  dissolve 
such  district  there  be  any  outstanding  bonded  in- 
debtedness of  such  district,  then,  in  such  event,  the 
vote  to  dissolve  such  district  shall  dissolve  the 
same  for  all  purposes  excepting  only  the  levy  and 
collection  of  taxes  for  the  payment  of  such  out- 
standing indebtedness  of  such  district;  and  from 
the  time  such  district  is  thus  dissolved  until  such 
bonded  indebtedness  with  the  interest  thereon  is 
fully  paid,  satisfied  and  discharged,  the  legislative 
authority  of  such  incorporated  town  or  city,  or  the 
board  of  supervisors,  if  there  be  no  such  incor- 
porated town  or  city,  is  hereby  constituted  ex 
officio  the  boulevard  commission  of  such  district. 
And  it  is  hereby  made  obligatory  upon  such  board 
to  levy  such  taxes  and  perform  such  other  acts  as 
may  be  necessary  in  order  to  raise  money  for  the 
payment  of  such  indebtedness,  and  the  interest 
thereon,  as  herein  provided. 

§  24.  That  certain  act  entitled  ''An  act  to  pro- 
vide for  the  formation  of  boulevard  districts,  and 
the  construction,  maintenance,  and  use  of  boule- 
vards, and  defining  the  term  boulevard,7'  ap- 
proved March  22,  1905,  and  the  act  amendatory 


184  EOAD  LAWS. 

thereof,    approved   April    15,    1909,   are   hereby   re- 
pealed. 

An  Act  to  create  for  the  State  of  California  a 
department  of  engineering,  to  provide  for  the 
appointment  of  the  officers  and  employees  there- 
of, defining  its  powers  and  prescribing  the 
duties  of  said  department,  its  officers  and 
employees,  to  provide  the  compensation  of  such 
officers  and  employees,  to  make  an  appropriation 
for  the  salaries  and  other  expenses  for  the 
remainder  of  the  fifty-eighth  fiscal  year  and 
making  certain  acts  a  felony  and  repealing  an 
act  entitled  "An  act  creating  a  commissioner 
of  public  works,  defining  his  duties  and  powers 
and  fixing  his  compensation, "  approved  Feb- 
ruary ninth,  nineteen  hundred,  and  all  acts  or 
parts  of  acts  amendatory  thereof;  also  repeal- 
ing an  act  entitled  "An  act  to  create  a  depart- 
ment of  highways  for  the  State  of  California, 
to  define  its  duties  and  powers,  to  provide  for 
the  appointment  of  officers  and  employees  there- 
of and  to  provide  for  the  compensation  of  said 
officers  and  employees,  and  for  the  additional  ex- 
penses of  said  department,  and  to  make  an 
appropriation  therefor  for  the  remainder  of 
the  forty-eighth  fiscal  year, "  approved  April 
first,  eighteen  hundred  and  ninety-seven;  also 
repealing  an  act  entitled  "An  act  providing 
for  the  appointment  of  an  auditing  board  to 
the  commissioner  of  public  works,  authorizing 
and  directing  him  and  them  to  perform  certain 
duties  relating  to  drainage,  to  purchase  ma- 
chinery, tools,  dredges  and  appliances  therefor, 
to  improve  and  rectify  water  channels,  to  erect 
works  necessary  and  incident  to  said  drainage, 
to  condemn  land  and  property  for  the  purposes 
aforesaid,  making  certain  acts  a  felony,  and 
making  an  appropriation  of  money  for  the 


KOAD  LAWS.  185 

purposes  of  this  act,"  approved  March  seven- 
teenth, eighteen  hundred  and  ninety-seven,  and 
all  acts  or  parts  of  acts  amendatory  thereof; 
also  repealing  an  act  entitled  <;An  Act  to 
provide  for  the  appointment,  duties  and  com- 
pensation of  a  debris  commissioner,  and  to 
make  an  appropriation  to  be  expended  under 
his  direction  in  the  discharge  of  his  duties 
as  such  commissioner, ' '  approved  March  twenty- 
fourth,  eighteen  hundred  and  ninety-three,  and 
all  acts  or  parts  of  acts  amendatory  thereof; 
also  repealing  an  act  entitled  "An  act  to  create 
the  office  of  Lake  Tahoe  wagon  road  commis- 
sioner, providing  the  term  of  office  and  com- 
pensation of  such  commissioner,  defining  his 
duties,  and  making  an  appropriation  for  the 
salary  and  expenditures  provided  for  and  au- 
thorized by  this  act, "  approved  April  first, 
eighteen  hundred  and  ninety-seven,  and  all  acts 
or  parts  of  acts  amendatory  thereof. 
[Approved  March  11,  1907;  Stats.  1907,  p.  215. 

Amended  1909,  Stats.  1909,  p.  558.     Amended  1911, 

Stats.  1911,  chap.  409.] 

§  1.     Department  of  Engineering  created. 

§1%.  Consulting  Board  of  Irrigation,   etc. 

§  2.     State  Engineer.     Duties. 

§  3.     Term  of  office. 

§  4.     Bond  of  Engineer. 

§  5.     Office   of   department.      Salaries. 

§  6.     Assistants.      Salaries.      Eligibility. 

§  6a.  Advisory  board  may  appoint  highway  engineer 

and  other  assistants. 
§  7.     Meetings  of  Advisory  Board.     Plans  for  public 

works.     Exempt  from  law  of  contracts. 
§  8.     Supersedes  Board  of  Public  Works.     River  and 

harbor  improvements. 
§  9.     Control  of   State   highways. 
§10.    Examine    highway    conditions.       Analyze  road 

materials.     Forms  of  books.     Forms  for  sur- 
veying. 

§11.    Architectural  work  of  State. 
§12.     One  assistant  engineer  to  be  assigned  to  San 

Francisco      harbor.        Register        of       work. 

Draughtsman. 


186  BOAD  LAWS. 


§  13.  Co-operative  work  with  U.  S.  Government. 
Transfer  of  funds. 

§  14.  Impounding  of  debris  from  mines.  To  advise 
with  Debris  Commission.  Inspection  of  work. 
Payment  of  claims. 

§  15.  Employment  of  assistants.  Reports  of  inspec- 
tors. 

§  16.  Biennial  report  of  Engineer.  Duty  of  State 
Printer. 

§  17.  Salaries,  how  paid.  Bonds.  Oath  of  office. 
Travelling  expenses. 

§  18.  Auditing  of  bills.  Attorney-General  is  legal 
adviser. 

§  19.     Appropriation  for  salaries. 

§  20.     Certain  Commissioners  to  transfer  all  property. 

§  21.  Repeal  of  act  creating  Commissioner  of  Public 
Works. 

§  22.  Repeal  of  act  creating  Department  of  High- 
ways. 

§  23.     Repeal  of  act  creating  Auditing  Board. 

§  24.     Repeal  of  act  creating  Debris  Commissioner. 

§  25.  Repeal  of  act  creating  Lake  Tahoe  Wagon  Road 
Commissioner. 

§  1.  A  department  of  and  for  the  State  of  Cali- 
fornia to  be  known  as  the  department  of  engineer 
ing  is  hereby  created  to  consist  of  an  advisory 
board  composed  of  the  governor  as  ex  officio  mem- 
ber and  chairman  of  said  board,  and  a  state  en- 
gineer who  shall  be  the  chief  executive  officer  of 
the  department,  the  general  superintendent  of  state 
hospitals,  the  chairman  of  the  state  board  of  harbor 
commissioners  of  San  Francisco,  and  three  other 
members  to  be  appointed  by  the  governor,  which 
said  three  appointive  members  shall  hereafter  in 
this  act  be  designated  as  the  appointed  members 
of  said  advisory  board.  The  said  department,  its 
officers  and  employees  shall  have  and  exercise  the 
powers  and  duties  hereinafter  set  forth  and  spec! 
fied,  and  such  as  are  or  may  be  hereafter  provided 
by  law.  [Amendment  approved  April  8,  1911.] 

§  V/2.  Upon  this  act  becoming  effective  the  gov- 
ernor shall  appoint  five  persons  who  shall  be  known 
as  a  consulting  board  to  the  department  of  state 
engineering  upon  all  matters  that  affect  irrigation, 
drainage  and  river  improvement.  Such  board  shall 
meet  at  such  times  as  the  work  requires  and  shall 


BOAD  LAWS.  187 

meet  at  least  once  in  two  months.  They  may  re- 
port to  the  advisory  board  on  all  matters  relating 
to  irrigation,  drainage  and  river  improvement  to- 
gether with  their  conclusions  thereon,  and  may 
render  a  report  to  the  advisory  board  upon  all 
plans  for  river  improvements.  [Amendment  ,  ap- 
proved April  8,  1911.] 

§  2.  Upon  this  act  becoming  effective  the  gover- 
nor shall  appoint  a  competent  civil  engineer  as 
the  head  of  the  department  of  engineering,  and 
such  person  shall  be  known  as  the  state  engineer. 
The  state  engineer  shall  devote  his  entire  time  to 
the  services  of  the  state  and  shall  not  actively 
engage  in  any  other  pursuit  while  serving  as  such 
state  official.  He  shall  have  charge  of  all  the 
engineering  and  structural  work  of  the  department 
and  may  receive  by  and  through  the  approval  of 
the  advisory  board  such  special  assistance  of  a 
technical  character  beyond  the  employees  hereinafter 
specified  as  they  shall  allow  for  the  proper  conduct 
of  the  business  of  the  department.  [Amendment 
approved  April  8,  .1911.] 

§  3.  The  state  engineer,  and  the  appointed  mem- 
bers of  said  advisory  board,  shall  hold  office  at  the 
will  and  pleasure  of  the  governor.  Immediately 
after  qualifying,  the  advisory  board  shall  meet 
and  organize  and  shall  adopt  a  seal  for  the  authen- 
tication of  its  acts  and  records.  [Amendment  ap- 
proved April  8,  1911.] 

§  4.  Within  twenty  days  after  receiving  notico 
of  appointment  the  person  appointed  as  state  en- 
gineer shall  file  a  bond  in  the  sum  of  twenty  thou- 
sand dollars  ($20,000)  with  at  least  two  sufficient 
sureties  thereon  or  with  a  surety  company  of  recog- 
nized standing  for  the  faithful  performance  of  his 
duties,  which  bond  must  be  approved  by  the  gover- 
nor and  filed  with  the  secretary  of  state,  and  he 
shall  qualify  by  taking  the  oath  of  office  as  pre- 
scribed for  other  state  officers. 


188  EOAD  LAWS. 

§  5.  The  office  of  the  department  of  engineering 
shall  be  in  the  state  capitol;  and  the  secretary  of 
state  shall  assign  to  the  department,  for  its  use, 
such  rooms  as  may  be  necessary  for  its  accommo- 
dation. All  of  the  regular  meetings  of  the  advisory 
board  shall  be  held  at  such  office.  The  said  board 
may,  however,  hold  such  special  meetings  at  such 
places  as  the  duties  of  the  department,  or  the  best 
interests  of  the  state  may  require.  The  state  board 
of  harbor  commissioners  for  the  port  of  San  Fran- 
cisco shall  assign  proper  rooms  in  the  ferry  building 
at  San  Francisco  for  the  use  of  one  assistant  state 
engineer  and  his  necessary  office  help. 

§  6.  The  department  of  engineering  by  and 
through  the  state  engineer  shall  have  the  power  to 
appoint  two  assistant  engineers,  one  state  architect, 
one  architectural  designer,  three  architectural 
draughtsmen,  two  engineers '  draughtsmen,  one 
testing  engineer,  one  mechanical  engineer,  two 
filing  clerks,  one  blue-print  pressman,  a  secre- 
tary, two  clerks  and  stenographers  and  one  por- 
ter and  messenger,  and  such  additional  technical 
assistance  and  help  as  the  advisory  board  may,  in 
their  judgment,  deem  necessary,  and  to  fix  their 
salaries  and  compensation,  who  shall  hold  office 
at  the  pleasure  of  the  appointive  power,  and  who 
must  be  confirmed  by  the  advisory  board  before 
proceeding  with  their  duties.  Such  officers  and 
employees  shall  not  be  eligible  for  appointment 
unless  they  possess  special  qualifications  for  and 
are  competent  to  perform  the  duties  devolving  upon 
them,  and  they  shall  devote  their  entire  time  to  the 
service  of  the  department.  [Amendment  approved 
March  20,  1909;  Stats.  1909,  p.  558.] 

§  6a.  The  department  of  engineering  by  and 
through  the  chairman  of  said  advisory  board  shall 
have  the  power  to  appoint  one  engineer  who  shall 
be  particularly  skilled  and  qualified  by  experience 
in  highway  construction  and  who  shall  be  desig^ 


EOAD  LAWS.  189 

nated  highway  engineer  and  such  assistant  en- 
gineers, designers,  draughtsmen,  clerks,  stenogra- 
phers, and  such  other  technical  assistants  and  help 
as  the  advisory  board  may,  in  its  judgment,  deem 
necessary  and  said  advisory  board  shall  fix  their 
salaries  and  compensation  and  prescribe  their 
duties.  [New  section  approved  April  8,  1911.] 

§  7.  The  advisory  board  shall  meet  at  such  times 
as  the  work  of  the  department  may  require  and  shall 
meet  at  least  once  in  two  months.  Said  board  shall 
advise  with  the  state  engineer,  highway  engineer  or 
state  architect  as  necessity  requires  and  may  advise 
with  the  boards  of  managers  or  trustees  of  the  vari- 
ous state  institutions  requiring  engineering  or  struc- 
tural work  and  with  any  state  commission  regarding 
all  works  wherein  such  commission  may  be  inter- 
ested. The  advisory  board  shall  approve  all  plans 
specifications  for  all  public  work  and  shall  deter- 
mine the  kind,  quality  and  extent  of  all  public  work 
of  the  state.  All  boards  of  managers,  trustees  and 
state  commissions  of  state  institutions  shall  apply 
to  the  department  of  engineering  for  plans  and  spe- 
cifications for  all  public  works  coining  under  their 
and  charge  and  before  accepting  any  such  work  done 
under  contract  shall  have  a  certificate  from  the  state 
engineer  who  shall  examine  and  certify  to  its  com- 
pletion. All  public  work  coming  under  the  full  control 
of  the  department  of  engineering  may  upon  the  dis- 
cretion of  the  advisory  board  be  either  contracted 
for  or  done  by  day's  labor.  The  advisory  board 
shall  have  the  power  on  the  approval  of  plans  and 
specifications  by  the  state  engineer,  to  direct 
whether  any  building  or  structure  at  any  state  in- 
stitution shall  be  let  by  contract  in  part  or  in 
whole,  or  whether  said  building  or  structure  shall 
be  built  by  day's  labor  in  part  or  in  whole,  but 
after  approval  of  the  plans,  specifications  and  esti- 
mates by  the  advisory  board  of  the  department  of 
engineering,  if,  in  the  opinion  of  such  department  of 
engineering,  the  acceptance  of  any  bid  or  bids  shall 


190  ROAD  LAWS. 

not  be  for  the  best  interests  of  the  State,  or  if  in 
the  opinion  of  such  department  of  engineering  the 
acceptance  of  any  further  bids  after  the  rejection 
of  all  bids  submitted  shall  not  be  for  the  best 
interests  of  the  State,  it  may  be  legal  for  them  to 
direct  that  the  work  or  improvement  of  any  State 
building,  road  or  any  other  improvement  be  done 
upon  a  day's  labor  basis.  Whenever  any  public 
work  to  be  done  by  the  State  except  work  on  prop- 
erty of  the  State  on  the  water  front  of  the  city 
and  county  of  San  Francisco  under  the  jurisdiction 
of  the  board  of  State  harbor  commissioners  is  placed 
upon  a  day's  labor  basis,  it  is  especially  exempted 
from  any  law  on  or  relating  to  contracts  of  the 
State.  The  full  control  of  such  day's  labor  work  is 
placed  under  the  department  of  engineering  and  said 
department  shall  do  all  things  necessary  to  properly 
carry  out  the  work.  When  such  work  is  so  placed 
upon  a  day's  labor  basis,  any  appropriation  which  is 
now  available,  or  which  is  now  or  may  be  appro- 
priated to  become  available,  is  by  this  act  taken  out 
of  the  control  of  any  board  of  trustees,  directors, 
commissioners,  officers  or  other  body  to  whom  it  has 
been  appropriated,  and  placed  exclusively  under  the 
control  of  the  department  of  engineering,  and  the 
claims  for  said  work  shall  be  approved  by  the  de- 
partment of  engineering,  and  audited  by  the  board 
of  examiners,  upon  whose  audit  the  controller  shall 
draw  his  warrant  and  the  treasurer  shall  pay  the 
same.  The  department  of  engineering  shall  have 
the  power  to  receive  informal  bids  upon  any  sub- 
division of  the  day's  labor  work  and  the  State  en- 
gineer may  upon  the  approval  of  the  advisory  board 
enter  into  an  agreement  for  any  such  subdivisional 
work  of  the  day's  labor  work.  [Amendment  ap- 
proved April  8,  1911.] 

§  8.  The  full  control  of  all  public  work  being 
done  or  now  completed  by  the  board  of  public  works 
shall  be  assumed  by  the  department  of  engineering 
and  all  public  work  done  by  the  state,  except  as 


EOAD  LAWS.  191 

otherwise  provided  for  by  law,  shall  be  under  the 
full  control  of  the  said  department.  It  shall  be  the 
duty  of  the  department  of  engineering  whenever 
required  by  the  advisory  board  to  make  examina- 
tions of  lands  subject  to  inundation  and  overflow 
by  flood  waters  and  of  the  waters  causing  such 
inundation  or  overflow  and  plans  and  estimates  of 
the  cost  for  works  to  regulate  and  control  such  flood 
waters.  All  matters  of  drainage,  and  improving  and 
rectifying  river  channels  and  other  work  on  any 
river  or  slough  flowing  into  San  Francisco  bay,  San 
Pablo  bay,  and  Suisun  bay,  and  also  the  tide  waters 
flowing  into  said  bays,  shall  be  placed  under  the 
management  and  control  of  the  department  of  en- 
gineering whenever  the  law  provides  therefor.  The 
department  of  engineering  shall  have  charge  of  all 
expenditures  unless  otherwise  provided  by  law  for 
all  public  works  relating  to  general  river  and  harbor 
improvements,  including  reclamation  and  drainage 
of  lands.  It  may  purchase,  construct  and  operate 
one  or  more  dredges  or  any  other  needed  appliances 
to  promote  or  properly  carry  out  the  work  of  the 
department.  The  state  engineer  in  the  name  of  the 
State  of  California,  may  obtain  or  condemn  any 
right  of  way  necessary  for  any  construction  herein 
named  and  shall  proceed  if  necessary,  to  condemn 
under  the  terms  of  the  Code  of  Civil  Procedure 
relating  to  such  proceedings.  The  department  shall 
have  the  power  to  employ  such  additional  help  for 
the  performance  of  the  work  of  this  section  as  the 
advisory  board  shall  order  and  all  money  now  appro- 
priated to  the  board  of  public  works  and  remaining 
unexpended  shall  be  used  for  the  purposes  intended 
by  the  law,  by  the  department  of  engineering, 
and  the  state  controller  shall  transfer  said  funds 
to  the  credit  of  the  department  of  engineering. 
Wherever  under  any  statutes  of  this  state  any  duty 
or  obligation  the  performance  of  which  is  imposed 
upon  the  commissioner  of  public  works  or  the  audit- 


192  EOAD  LAWS. 

ing  board  to  the  commissioner  of  public  works,  the 
same  shall  be  assumed  and  the  performance  of  the 
same  shall  devolve  upon  the  department  of  engi- 
neering. 

§  9.  The  department  of  engineering  shall  take 
full  possession  and  control  of  all  roads  which  have 
been  declared  state  highways  enumerated  as  follows: 
The  Lake  Tahoe  wagon  road,  the  Sonora  and  Mono 
road,  the  Mono  Lake  Basin  road  and  all  other  state 
highways  which  may  hereafter  be  constructed  and 
all  public  work  being  done  or  now  completed  by  the 
department  of  highways.  All  expenditures  by  the 
state  for  highway  purposes  except  as  otherwise 
hereafter  provided  by  law  shall  be  under  the  full 
charge  of  the  department  of  engineering,  and  all 
moneys  appropriated  for  such  purpose  shall  be  made 
payable  upon  the  proper  order  of  said  department 
and  shall  be  audited  by  the  state  board  of  exam- 
iners. The  department  of  engineering,  in  the  name 
of  the  people  of  the  state  of  California,  shall  have 
the  power  to  obtain  or  condemn  necessary  rights  of 
way  for  any  authorized  state  highway  or  for  the 
change  of  any  existing  state  highway  or  for  any  road 
placed  under  the  department's  charge  by  law  unless 
otherwise  provided.  It  shall  have  power  to  alter  or 
change  the  route  of  a  road  and  shall  do  all  things 
necessary,  and  obtain  all  tools  and  implements  re- 
quired to  properly  care  for  and  manage  the  roads 
under  the  charge  of  the  department.  The  depart- 
ment may,  in  its  discretion,  appoint  superintendents 
of  the  state  highways  who  shall  hold  office  at  the 
pleasure  of  the  appointive  power.  They  shall 
be  specially  qualified  in  road  work.  All  unexpended 
balances  of  money  now  existing  by  law  for  improve- 
ments or  maintenance  of  whatever  kind  under  the 
department  of  highways,  and  the  Lake  Tahoe  wagon 
road  commissioner  shall  be  placed  under  the  control 
of  the  department  of  engineering,  and  the  state 


EOAD  LAWS.  193 

controller  shall  transfer  said  funds  to  the  credit 
of  the  department  of  engineering.  Whenever  under 
any  statutes  of  this  state  the  performance  of  any 
duty  or  obligation  is  imposed  upon  the  department 
of  highways,  the  same  shall  be  assumed  by  and  the 
performance  of  the  same  shall  devolve  upon  the 
department  of  engineering.  [Amendment  approved 
April  8,  1911.] 

§  10.  The  department  of  engineering  shall  make 
examination  into  existing  highway  conditions  in  the 
State  of  California,  and  shall,  furthermore,  make 
such  investigations  within  the  state  as  will  put  at 
the  service  of  the  state  the  most  approved  methods 
of  highway  improvement.  It  shall  supply,  on  re- 
quest, without  charge,  any  information  relative  to 
highways  required  by  any  county  or  district  official 
having  care  of  and  authority  over  highways  within 
this  state.  It  shall  collect  and  collate  data  relating 
to  the  geological  formation  of  the  state  in  so  far  as 
it  relates  to  material  suitable  for  highway  construc- 
tion, and  make  analyses  and  tests  of  such  material 
as  it  may  deem  suitable  for  highway  uses,  with  the 
view  of  determining  the  value  of  the  same  for  such 
purposes.  All  data  so  collected,  together  with  such 
other  matters  of  value  or  interest  to  the  people  of 
the  state,  shall  be  published  in  bulletins,  or  upon 
maps  or  diagrams,  or  in  other  proper  form,  or  in 
the  biennial  report  of  the  department,  as  it,  in  its 
discretion,  shall  determine.  The  department  shall 
prepare  and  adopt  styles  and  forms  of  books  for  use 
by  officials,  in  which  to  keep  account  of  the  ex- 
penditure of  highway  money  and  all  other  records  or 
proceedings  relating  to  highways.  It  shall  prepare 
such  forms  as  may  be  necessary  for  use  in  connec- 
tion with  opening,  abandoning,  altering,  locating, 
constructing,  maintaining,  obtaining  title  to,  or 
otherwise  relating  to  proposed  state  highways;  and 
such  books  and  forms,  when  so  adopted,  shall  be  the 
standard  for  the  use  of  the  state.  Copies  of  them 


194  ROAD  LAWS. 

shall  be  forwarded  to  the  various  officials  who  are 
charged  with  keeping  or  using  the  same,  and  such 
officials  shall  immediately  prepare  books  and  forms 
after  the  style  shown  by  such  standard,  and  shall 
thereafter  use  them  exclusively  for  the  purposes  for 
which  they  are  intended.  It  shall  be  the  duty  of  the 
department  to  adopt  such  general  forms  for  the 
surveying  of  state  highways,  mapping  and  keeping 
of  the  notes  thereof,  and  the  permanent  marking 
of  the  same  on  the  ground,  as  it  shall  deem  neces- 
sary, and  shall  issue  instructions  defining  such 
general  forms  and  markings  to  the  person  having 
charge  of  the  making  of  such  surveys;  and  it  shall 
thereafter  be  the  duty  of  such  persons  to  follow  the 
methods  prescribed  in  such  instructions.  The  de- 
partment of  engineering,  in  performance  of  its  du- 
ties, shall  have  the  power  to  call  upon  any  state, 
county,  or  district  official  to  furnish  it  with  any 
information  contained  in  his  office  which  relates  to 
or  is  in  any  way  necessary  to  the  proper  perform- 
ance of  the  work  of  said  department;  and  it  is 
hereby  made  the  duty  of  such  officials  to  furnish 
such  information  without  cost. 

§  11.  All  architectural  work  of  the  department 
shall  be  under  the  charge  of  the  state  architect,  and 
it  shall  be  the  duty  of  said  architect  to  make  plans 
and  specifications  and  estimates  for  all  work  for 
state  buildings.  He  shall,  in  company  with  the 
state  engineer,  visit  and  inspect  all  completed  archi- 
tectural work  and  shall  certify  to  the  state  en- 
gineer its  proper  or  improper  completion.  The  state 
architect  shall  have  general  charge  under  the  state 
engineer  of  the  erection  of  all  buildings  and  must 
have  an  inspector  at  each  building  during  the 
whole  time  of  its  construction.  [Amendment  ap- 
proved April  8,  1911.] 

§  12.  One  assistant  state  engineer  shall  be  as- 
signed to  the  state  board  of  harbor  commission- 
ers at  San  Francisco,  where  he  shall  have  an 


ROAD  LAWS.  195 

office.  He  shall  prepare  such  plans  and  specifi- 
cations as  the  board  may  direct  and  if  adopt- 
ed and  the  work  ordered  by  the  board  to  be  done, 
must  superintend  its  construction.  He  must  give 
constant  attention  to  the  condition  of  the  sea  wall 
and  thoroughfare,  of  the  sheds,  wharves,  piers  and 
landings,  of  the  streets  or  parts  thereof  under  the 
jurisdiction  of  the  board,  and  when  repairs  are 
needed,  must  forthwith  report  to  the  board  in 
writing  their  nature  and  extent,  and  if  ordered  by 
the  board,  must  have  the  same  done  at  once.  He 
must  keep  himself  informed  as  to  the  depth  of 
water  in  the  various  docks  and  slips  and  report  to 
the  board  from  time  to  time  what  dredging  is  re- 
quired. He  must  keep  a  register  properly  indexed, 
showing  the  date,  place  and  character  of  every 
piece  of  work  done  and  dock  dredged,  when  begun 
and  finished,  with  proper  descriptions  and  draw- 
ings. He  shall  do  all  engineering  work  required 
by  the  said  board  of  harbor  commissioners.  Said 
assistant  engineer  shall  be  subject  to  the  control, 
at  all  times,  of  the  state  engineer,  and  a  copy  of  all 
work  under  his  charge  as  assistant  engineer  shall 
be  filed  in  the  office  of  the  department  of  engineer- 
ing. A  complete  record  of  cost  in  detail,  of  all 
work  done  under  the  supervision  of  this  assistant 
engineer  shall  be  filed  with  the  department  of  en- 
gineering upon  the  completion  thereof.  One  engi- 
neer 's  draughtsman  shall  be  assigned  to  the  said 
harbor  board  by  the  state  engineer,  and  the  advis- 
ory board  of  the  department  of  engineering  shall 
employ  such  field  and  other  assistants  to  the  fore- 
going assistant  state  engineer  as  may  be  necessary 
and  such  field  and  other  assistants  shall  be  paid 
from  the  San  Francisco  harbor  improvement  fund. 

§  13.  All  co-operative  engineering  work  now  ex- 
isting or  to  be  engaged  in  by  the  state  with  the 
United  States  government  shall  be  placed  under  the 


196  ROAD  LAWS. 

department  of  engineering.  All  plans,  estimates  and 
specifications  shall  be  approved  by  the  state  engineer 
and  the  advisory  board  shall  have  full  power  to  de- 
termine the  kind,  quality  and  extent  of  such  work 
under  co-operation  with  said  government  before 
entering  into  agreement  with  said  government  for 
such  work.  All  unexpended  moneys  provided  for 
by  law  on  the  aforesaid  co-operative  basis  shall  be 
expressly  placed  under  the  full  control  of  the  de- 
partment of  engineering,  and  the  state  controller 
shall  transfer  such  funds  to  the  credit  of  the  said 
department.  Hereafter  plans,  estimates  and  speci- 
fications for  such  work  shall  be  filed  in  the  office 
of  the  said  department. 

§  14.  It  shall  be  the  duty  of  the  state  engineer 
to  consult  and  advise  with  the  members  of  the  corps 
of  engineers  of  the  United  States  army  comprising 
the  California  debris  commission  (created  by  act  of 
congress  approved  March  first,  eighteen  hundred  and 
ninety-three),  in  relation  to  the  construction  of 
works  for  the  restraining  and  impounding  of  debris 
resulting  from  mining  operations,  natural  erosion, 
or  other  causes;  and  it  shall  be  his  duty  to  examine 
such  works  and  to  report  the  result  of  such  examina- 
tion to  the  advisory  board.  Said  state  engineer  is 
further  authorized  and  directed  to  consult  and  advise 
with  said  "California  Debris  Commission M  in  rela- 
tion to  any  and  all  plans  and  specifications  that 
may  have  been  or  may  hereafter  be  prepared  or 
adopted  by  said  "California  Debris  Commission," 
for  the  construction  of  such  restraining  or  impound- 
ing works,  and  said  state  engineer  shall  file  a  copy 
of  all  such  plans  and  specifications  in  the  office  of 
the  department.  Whenever  the  advisory  board  ap- 
proves said  plans  and  specifications  the  state  en- 
gineer shall  notify  the  "California  Debris  Com- 
mission. "  Whenever  said  "California  Debris  Com- 
mission "  or  the  government  of  the  United  States 
shall  have  entered  into  any  contract  for  the  con- 


EOAD  LAWS.  197 

struction  of  works  for  the  purposes  described  in  this 
act,  in  pursuance  of  plans  and  specifications  that 
have  been  theretofore  approved  by  the  advisory 
board  as  in  this  act  provided,  it  shall  then  be  the 
duty  of  the  state  engineer  to  cause  such  work  to 
be  carefully  inspected  during  the  progress  of  their 
construction  and  to  keep  a  record  of  the  result  of 
such  inspection.  Said  state  engineer  shall  also 
from  time  to  time,  during  the  progress  of  the  con- 
struction of  such  works,  when  requested  so  to  do  by 
the  said  "California  Debris  Commission/'  present 
his  claims  to  the  state  board  of  examiners  in  favor 
of  such  person  or  persons  as  may  be  designated  by 
said  "California  Debris  Commission "  for  such 
amounts  as  shall  equal  one-half  of  the  cost  of  the 
construction  of  said  works;  and  said  state  engineer 
shall  in  like  manner,  and  when  requested  so  to  do 
by  said  "California  Debris  Commission,"  present 
his  claims  to  the  state  board  of  examiners  for  an 
amount  equal  one-half  the  purchase  price  of  any 
site  or  sites  necessary  for  the  construction  of  said 
works,  provided,  that  the  purchase  of  said  site  or 
sites  shall  have  been  first  approved  by  the  advisory 
board.  All  unexpended  balances  of  money  provided 
by  law  for  the  work  under  the  debris  commissioner 
shall  be  placed  to  the  credit  of  the  department  of 
engineering  by  the  state  controller.  Whenever  un- 
der any  statutes  of  the  state  any  duty  or  obligation 
the  performance  of  which  is  imposed  upon  the  debris 
commissioner,  the  same  shall  be  assumed  and  the 
performance  of  the  same  shall  devolve  upon  the 
department  of  engineering. 

§  15.  When  in  his  judgment  it  is  deemed  neces- 
sary, the  state  engineer,  subject  to  the  approval  of 
the  advisory  board,  shall  employ  such  assistance  on 
the  public  work  of  the  state  or  on  public  work  at 
any  state  institution  as  may  be  necessary  for  the 
proper  discharge  of  his  duties,  and  shall  under  like 
restrictions,  have  the  authority  to  purchase  such 


198  BOAD  LAWS. 

supplies,  instruments,  tools  and  conveniences  as  may 
be  necessary  for  the  proper  discharge  of  the  duties 
of  the  department  of  engineering.  All  employees  of 
the  department  of  engineering,  when  employed  upon 
public  work  at  or  for  any  State  institution  in  this 
State  shall  be  paid,  unless  otherwise  provided,  from 
the  revolving  fund  hereinafter  created,  and  the 
amount  of  such  payment  shall  be  a  charge  against 
the  institution  for  which  such  work  is  performed, 
and  when  collected  from  said  institution  by  the 
department  of  engineering,  shall  be  paid  into  said 
revolving  fund.  In  all  other  cases,  such  employees 
shall  be  paid  by  the  department  of  engineering.  All 
inspectors  employed  by  the  state  engineer  on  any 
public  work  shall  render  to  the  state  engineer  a 
full,  true  and  correct  report  of  the  kind,  manner, 
and  progress  of  all  work  upon  which  he  is  such 
inspector.  Any  inspector  who  shall  render  a  false 
report  knowing  the  same  to  be  false  shall  be  guilty 
of  a  felony.  It  shall  be  the  duty  of  the  state  en- 
gineer to  keep  a  full,  true  and  correct  detailed 
account  of  the  cost  of  all  work  done  under  the 
control  of  the  department  of  engineering,  and  with 
the  consent  of  the  advisory  board  may  employ  a 
clerk  for  the  proper  compiling  thereof.  Such  ac- 
count shall  be  always  open  to  the  inspection  of  the 
public.  [Amendment  approved  March  20,  1909; 
Stats.  1909,  p.  558.] 

§  16.  The  state  engineer  shall  prepare  biennial 
reports  which  shall  be  submitted  to  the  governor  at 
least  thirty  days  before  each  session  of  the  legis- 
lature. Said  report  shall  embrace  the  work  and  in- 
vestigations of  the  department  under  his  charge  for 
the  previous  two  years,  together  with  such  recom- 
mendations for  changes  in  the  laws  affecting  the 
department  as  he  may  deem  advisable,  and  shall 
suggest  and  recommend  changes  relating  to  the 
road  systems  or  administration  within  the  state.  It 
shall  be  the  duty  of  the  state  printer  to  print  all 


ROAD  LAWS.  199 

reports,  bulletins  or  other  matter  and  furnish  any 
other  necessary  illustrations  or  diagram  therefor  as 
the  department  may  deem  necessary,  all  of  which 
shall,  however,  be  subject  to  the  approval  of  the 
state  board  of  examiners. 

§  17.  The  highway  engineer  shall  receive  not  to 
exceed  the  sum  of  ten  thousand  dollars  ($10,000) 
per  annum;  the  state  engineer  shall  receive  the 
sum  of  five  thousand  dollars  ($5,000)  per  annum; 
and  the  oificers  and  employees  enumerated  in  sec- 
tion 6  of  this  act  shall  receive  the  following  sums: 
Each  assistant  state  engineer  shall  receive  the  sum 
of  three  thousand  dollars  ($3000)  per  annum;  the 
state  architect  shall  receive  forty-eight  hundred 
dollars  ($4800.)  per  annum;  each  of  the  five 
draughtsmen  shall  receive  two  thousand  dollars 
($2000.)  per  annum;  the  architectural  designer  shall 
receive  twenty-four  hundred  dollars  ($2400.)  per 
annum;  the  mechanical  engineer  shall  receive 
twenty-seven  hundred  dollars  ($2700.)  per  annum; 
the  testing  engineer  shall  receive  twenty-one  hun- 
dred dollars  ($2100.)  per  annum;  each  of  the  two 
filing  clerks  shall  receive  eighteen  hundred  dollars 
($1800.)  per  annum;  the  secretary  shall  receive 
twenty-four  hundred  dollars  ($2400.)  per  annum; 
the  blue  print  pressman  shall  receive  fifteen  hun- 
dred dollars  ($1500.)  per  annum;  each  clerk  and 
stenographer  shall  receive  fifteen  hundred  dollars 
($1500.)  per  annum,  and  the  porter  and  messenger 
shall  receive  nine  hundred  dollars  ($900.)  per  an- 
num. Such  salaries  shall  be  paid  at  the  same  time 
and  in  the  same  manner  as  are  the  salaries  of  other 
state  officers.  The  highway  engineer  shall  furnish 
the  state  with  a  bond  in  the  sum  of  twenty  thou- 
sand dollars  ($20,000) ;  the  two  assistant  engineers 
and  the  state  architect  shall  each  furnish  the  state 
with  a  bond  in  the  sum  of  ten  thousand  dollars 
($10,000)  for  the  faithful  performance  of  their 
duties.  Said  bonds  must  be  approved  by  the  gov- 
ernor of  the  State  of  California  and  filed  in  the 
office  of  the  secretary  of  state.  Each  of  the  three 


200  EOAD  LAWS. 

appointed  members  of  said  advisory  board  shall 
receive  the  sum  of  three  thousand  six  hundred  dol- 
lars ($3600.)  per  annum,  payable  in  equal  monthly 
installments.  Each  and  every  one  of  the  above 
mentioned  officers  shall  take  the  oath  of  office  as 
prescribed  for  other  state  officers.  The  members  of 
the  advisory  board,  the  state  engineer  and  the 
officers  and  employees  of  the  department  of  en- 
gineering shall  be  allowed  their  necessary  traveling 
expenses  while  engaged  in  the  discharge  of  their 
duties  within  the  state.  [Amendment  approved 
April  8,  1911.] 

§  18.  The  state  board  of  examiners  shall  audit 
all  bills  or  claims  incurred  by  the  department  of 
engineering  and  the  state  engineer  shall  present 
claims  to  said  board  for  all  expenditures  directly 
under  his  charge.  The  attorney-general  of  the  state 
shall  be  the  legal  adviser  of  the  department  of 
engineering  and  the  said  department  shall  call  upon 
the  attorney-general  of  the  state  for  all  such  legal 
advice  and  services  as  the  discharge  of  its  duties 
may  require. 

§  19.  The  sum  of  ten  thousand  dollars  ($10,000) 
is  hereby  appropriated  out  of  any  money  in  the 
state  treasury  not  otherwise  appropriated  to  pro- 
vide and  maintain  a  permanent  revolving  fund  for 
the  payment  of  the  salaries  and  wages  of  em- 
ployees in  the  department  of  engineering  when  em- 
ployed upon  public  work  at  or  for  any  state  institu- 
tion other  than  those  employees  whose  salaries  are 
fixed  and  determined  by  section  17  of  this  act. 
Such  payment  so  made  for  salaries  and  wages  shall 
be  charged  against  the  institutions  for  which  said 
act  is  performed  and  in  favor  of  the  department  of 
engineering,  and  when  collected  by  said  department, 
shall  be  paid  into  the  revolving  fund  hereby  cre- 
ated. [Amendment  approved  April  8,  1911.] 

§  20.  It  shall  be  the  duty  of  the  auditing  board 
to  the  commissioner  of  public  works,  the  commis- 


EOAD  LAWS.  201 

sioner  of  public  works,  the  state  highway  commis- 
sioner, the  debris  commissioner  and  the  Lake  Tahoe 
wagon  road  commissioner  to  transfer  to  the  state 
controller  all  of  the  property,  books,  reports  and 
papers  and  maps  of  every  description  which  is  state 
property,  and  the  said  controller  shall  transfer  all 
of  said  things  and  property  to  the  department  of 
engineering. 

§  21.  An  act  entitled  "An  act  creating  a  com- 
missioner of  public  works,  defining  his  duties  and 
powers  and  fixing  his  compensation, ' '  approved  Feb- 
ruary ninth,  nineteen  hundred,  and  all  acts  or  parts 
of  acts  amendatory  thereof  are  hereby  expressly  re- 
pealed. 

§  22.  An  act  entitled  "An  act  to  create  a  depart- 
ment of  highways  for  the  State  of  California,  to 
define  its  duties  and  powers,  to  provide  for  the  ap- 
pointment of  officers  and  employees  thereof,  and  to 
provide  for  the  compensation  of  said  officers  and 
employees,  and  for  the  additional  expenses  of  said 
department,  and  to  make  an  appropriation  therefor 
for  the  remainder  of  the  forty-eighth  fiscal  year," 
approved  April  first,  eighteen  hundred  and  ninety- 
seven,  is  hereby  expressly  repealed. 

§  23.  An  act  entitled  "An  act  providing  for  the 
appointment  of  an  auditing  board  to  the  commis- 
sioner of  public  works,  authorizing  and  directing 
him  and  them  to  perform  certain  duties  relating  to 
drainage,  to  purchase  machinery,  tools,  dredges,  and 
appliances  therefor,  to  improve  and  rectify  water 
channels,  to  erect  works  necessary  and  incident 
to  said  drainage,  to  condemn  land  and  property  for 
the  purposes  aforesaid,  making  certain  acts  a  felony, 
and  making  an  appropriation  of  money  for  the 
purposes  of  this  act,"  approved  March  seventeenth, 
eighteen  hundred  and  ninety-seven,  and  all  acts  or 
parts  of  acts  amendatory  thereof,  are  hereby  ex- 
pressly repealed. 


202  ROAD  LAWS. 

§  24.  An  act  entitled  "An  act  to  provide  for  the 
appointment,  duties  and  compensation  of  a  debris 
commissioner,  and  to  make  an  appropriation  to  be 
expended  under  his  direction  in  the  discharge  of  his 
duties  as  such  commissioner, "  approved  March 
twenty-fourth,  eighteen  hundred  and  ninety-three, 
and  all  acts  or  part  of  acts  amendatory  thereof  are 
hereby  expressly  repealed. 

§  25.  An  act  entitled  "An  act  to  create  the  office 
of  Lake  Tahoe  wagon  road  commissioner,  providing 
the  term  of  office  and  compensation  of  such  com- 
missioner, defining  his  duties,  and  making  an  appro- 
priation for  the  salary  and  expenditures  provided 
for  and  authorized  by  this  act/'  approved  April 
first,  eighteen  hundred  and  ninety-seven,  and  all 
acts  and  parts  of  acts  amendatory  thereof  are 
hereby  expressly  repealed. 

§  26.  All  acts  or  parts  of  acts  in  conflict  with  the 
provisions  of  this  act  are  hereby  repealed. 

An  act  providing  for  the  laying  out,  constructing, 
straightening,  improvement  and  repair  of  main 
public  highways  in  any  county,  providing  for 
the  voting,  issuing,  and  selling  of  county  bonds 
and  the  acceptance  of  donations  to  pay  for  such 
work  and  improvements,  providing  for  a  high- 
way commission  to  have  charge  of  such  work 
and  improvements,  and  authorizing  cities  and 
towns  to  improve  the  portions  of  such  highways 
within  their  corporate  limits  and  to  issue  and 
sell  bonds  therefor. 

[Approved  March  19,  1907;  Stats.  1907,  p.  666. 
Amended  1909,  Stats.  1909,  p.  154;  amended  1911, 
Stats.  1911,  chaps.  314,  348.] 


KOAD  LAWS.  203 


§  1.     Highway  Commission,  when  may  be  appointed. 

§  2.     Of  whom  shall  consist.     Term  of  office.     Bond. 

§  3.     Main  public  highway  defined. 

§  4.     Duties  of  Commissioners. 

§  5.     Employment  of  Engineer. 

§  6.     Report  to  Board  of  Supervisors. 

§  7.  Election  to  determine  whether  bonds  shall  be 
issued. 

§  8.     Sale  of  bonds.     Surplus.     Donations. 

§  9.  Supervision  of  funds.  Plans  and  profiles. 
Shall  advertise  for  bids.  Bond  of  contractor. 
When  may  be  done  without  contract. 

§10.  Character  of  improvements.  Highway  shall  not 
be  used  by  railroad. 

§11.     Condemnation  of  land. 

§12.  Incorporated  city  may  improve  portion  of  high- 
way. 

§13.     Repairs. 

§14.     Commission  to  file  statement. 

§15.  Per  diem  of  Commissioners,  from  what  fund 
paid. 

§  1.  The  board  of  supervisors  of  any  county  in 
the  state,  upon  receiving  a  petition  signed  by  free- 
holders electors  of  the  county  equal  in  number  to  at 
least  ten  per  cent,  of  the  vote  cast  for  governor  in 
said  county  at  the  last  election,  praying  that  the 
matter  of  issuing  bonds  of  the  county  for  highway 
purposes  be  submitted  to  the  electors  of  the  county, 
may  appoint  a  highway  commission  for  such  county, 
who  shall  perform  the  duties  hereinafter  specified. 

§  2.  Said  highway  commission  shall  consist  of 
three  members,  who  shall  be,  and  have  been  for  two 
years,  bona  fide  residents  and  freeholders  of  such 
county,  and  shall  be  especially  qualified  to  have 
charge  of  the  improvement  of  highways,  one  of 
whom  shall  be  a  competent  engineer.  Said  com- 
missioners shall  be  appointed  to  serve  for  the  term 
of  two  years  and  until  their  successors  are  ap- 
pointed and  qualified,  and  any  vacancy  in  the  com- 
mission shall  be  filled  by  appointment  for  the  un- 
expired  term;  provided  however,  that  when  the 
proposition  for  the  issuance  of  bonds  fails  to  carry 
at  the  election  held  under  section  seven  of  this  act, 
or  when  all  the  highway  improvements  for  which 


204  EOAD  LAWS. 

bonds  are  voted  under  said  section  seven  are  com- 
pleted, or,  if  there  is  a  surplus  in  the  highway  im- 
provement fund  after  completion  thereof,  when  said 
surplus  has  been  expended  on  other  highways,  the 
existence  of  said  highway  commission  shall  cease. 
Thereafter  another  commission  may  be  appointed 
under  section  one  hereof.  Each  commissioner  shall 
give  a  bond  for  the  faithful  performance  of  his 
duties,  to  be  approved  by  the  board  of  supervisors, 
in  such  amount  as  said  board  may  require.  No 
member  of  the  board  of  supervisors  can  act  or  be 
appointed  as  a  commissioner  under  this  act.  [Be- 
came a  law,  under  constitutional  provision,  without 
governor's  approval,  March  27,  1911.] 

§  3.  For  the  purpose  of  this  act  a  main  public 
highway  is  defined  to  be  a  highway  connecting 
different  cities  and  towns  in  the  same  or  different 
counties,  or  connecting  any  city  or  town  in  one 
county  with  the  public  highway  system  of  another 
county.  Provision  may  be  made  under  this  act  for 
the  improvement  of  any  number  of  such  highways 
jointly,  to  be  paid  for  with  the  proceeds  of  one 
bond  issue. 

§  4.  Immediately  upon  their  appointment  said 
commission  shall  proceed  with  all  diligence  to  in- 
vestigate carefully  the  main  public  highways  of  the 
county  and  the  condition  thereof,  and  to  have  made 
a  map  showing  said  main  public  highways,  their 
connections,  and  such  other  information  in  regard 
thereto  as  the  commission  may  deem  necessary  for 
carrying  out  the  purposes  of  this  act,  and  to  ascer- 
tain which  of  said  main  public  highways  should  be 
improved  by  the  issuance  of  bonds,  and  the  kind  of 
improvements  to  be  made  thereon,  and  to  estimate 
the  cost  of  such  improvements.  And  also  to  investi- 
gate carefully  the  question  of  laying  out  and  con- 
structing any  new  public  highways  which  said  com- 
mission may  deem  necessary  to  be  laid  out  and  con- 
structed in  the  county,  and  to  have  made  a  map 


ROAD  LAWS.  205 

showing  said  proposed  new  public  highways,  their 
connections,  and  such  other  information  in  regard 
thereto  as  the  commission  may  deem  necessary  for 
carrying  out  the  purposes  of  this  act,  and  to  ascer- 
tain whether  any  of  said  new  public  highways  should 
be  laid  out  and  constructed  by  the  issuance  of 
bonds,  and  the  kind  of  improvements  to  be  made 
thereon,  and  to  estimate  the  cost  of  such  improve- 
ments. [Amendment  approved  March  6,  1909;  Stats. 
1909,  p.  154.] 

§  5.  With  the  consent  of  the  board  of  super- 
visors they  may  employ  a  competent  engineer  or 
engineers  and  other  experts,  at  the  cost  of  the 
county,  to  make  any  necessary  surveys  and  prepare 
said  map,  and  to  assist  the  commission  in  deter- 
mining the  best  material  to  be  used  and  the  best 
manner  of  making  such  improvements  and  the  cost 
thereof.  All  surveys  made  for  the  purpose  of  de- 
termining the  location  of  highways  shall  be  ap- 
proved by  the  county  surveyor  before  the  same  as 
adopted  by  the  commission. 

§  6.  After  having  ascertained  wlhat  improve- 
ments should  be  made,  and  the  estimated  cost  there- 
of proposed  to  be  covered  by  a  bond  issue,  the  com- 
mission shall  make  and  file  with  the  board  of 
supervisors  a  report  setting  forth  the  main  public 
highway  or  highways  proposed  to  be  improved,  by 
their  termini,  describing  generally  the  kind  of 
improvements  to  be  made  thereon,  and  stating  the 
estimated  cost  of  the  work  to  be  done,  and  the 
amount  to  be  raised  by  bonds  therefor,  and  pray- 
ing the  said  board  of  supervisors  to  call  an  election 
for  the  issuance  of  bonds  of  the  county  therefor, 
for  the  estimated  amount. 

§  7.  If  said  report  is  not  approved  by  the  board 
of  supervisors  they  may  refer  it  back  to  said 
commission  for  further  consideration.  If  the  board 
approve  the  report  they  shall  adopt  the  same,  and 


206  EOAD  LAWS. 

shall  without  delay  call  an  election  to  determine 
whether  the  bonds  of  the  county  shall  be  issued  in 
the  amount  recommended  by  the  commission,  for 
the  purposes  stated  in  their  report.  Said  election 
shall  be  called  and  held  and  said  bonds  issued,  sold 
and  paid  under  and  in  accordance  with  all  the  pro- 
visions of  law  now  or  hereafter  existing  in  regard 
to  the  issuance,  sale  and  payment  of  county  bonds, 
and  all  proceedings  had  in  regard  to  such  bonds 
shall  be  in  accordance  with  such  provisions  of  law; 
provided  however,  that  the  board  may  form  bond 
election  precincts  by  consolidating  the  precincts 
established  for  general  election  purposes  to  a  num- 
ber not  exceeding  six  for  each  bond  election  pre- 
cinct, and  shall  appoint  only  one  inspector,  two 
judges  and  one  clerk  for  each  bond  election  pre- 
cinct, and  provided  further,  that  it  shall  be  suf- 
ficient to  set  forth  the  purpose  of  the  bond  issue  in 
said  proceedings  by  describing  the  highways  to  be 
improved  as  the  same  are  described  in  said  report 
of  the  highway  commission.  Any  defect  or  irregu- 
larity in  the  proceedings  prior  to  the  calling  of  such 
election  shall  not  affect  the  validity  of  the  bonds. 

§  8.  Said  bonds  shall  not  be  sold  for  less  than 
par,  and  the  proceeds  thereof  shall  be  paid  into  the 
treasury  of  the  county  and  placed  in  a  special 
fund  to  be  denominated  the  "  highway  improve- 
ment fund";  and  shall  be  used  solely  for  the  pur- 
poses set  forth  in  said  report  of  the  highway  com- 
mission, or  such  other  purposes  as  are  authorized 
by  this  act;  provided,  that  if  there  shall  be  any- 
surplus  of  funds  voted  for  the  improvement  of  any 
road  or  roads  after  the  completion  thereof,  such  sur- 
plus may  be  used  for  the  improvement  of  other 
main  public  highways,  under  the  control  and  direc- 
tion of  the  highway  commission.  The  highway 
commission  may  receive  and  accept  donations  from 
any  person  for  any  work  which  they  are  authorized 
to  have  done,  and  the  same  shall  also  be  paid  into 


BOAD  LAWS.  207 

the  said  fund.  No  moneys  shall  be  paid  out  of 
said  fund  except  upon  the  warrant  of  the  auditor 
of  said  county  issued  upon  the  order  of  the  high- 
way commission,  duly  allowed  by  the  board  of  su- 
pervisors thereof. 

§  9.  The  doing  of  the  work  for  which  said  bonds 
are  issued  shall  be  under  the  supervison  and  direc- 
tion of  the  highway  commission;  provided  that  the 
final  acceptance  thereof  shall  be  by  the  board  of 
supervisors.  As  soon  as  the  funds  raised  by  the 
sale  of  said  bonds  are  in  the  treasury  the  com- 
mission shall  proceed  to  prepare  detailed  speci- 
fications, plans  and  profiles  for  the  work  to  be 
done,  or  for  such  parts  of  it  as  they  deem  it  ad- 
visable to  have  done  separately,  if  they  have  not 
a]ready  done  so,  and  for  this  purpose  they  may  hire 
assistants,  with  the  consent  of  the  board  of  super- 
visors; and  they  shall  then  present  said  speci- 
fications, plans  and  profiles,  with  their  recom- 
mendations in  regard  to  the  doing  of  the  work  and 
letting  of  contracts  to  the  board  of  supervisors, 
who  shall  either  adopt  or  reject  the  same  as  pre- 
sented. If  the  board  adopt  the  same  they  shall 
thereupon  advertise  for  bids  for  doing  the  said 
work,  or  any  part  thereof  which  the  highway 
commission  recommended  should  be  done  separately, 
in  accordance  with  said  plans,  profiles,  and  speci- 
fications, by  publishing  a  notice  for  ten  days  in  a 
daily  newspaper  or  two  weeks  in  a  weekly  news- 
paper published  at  the  county  seat.  Every  contract 
for  doing  any  part  of  said  work  shall  be  let,  after 
advertisement  as  above  provided,  to  the  lowest  re- 
sponsible bidder  who  will  give  security  for  the 
faithful  performance  of  his  contract,  with  sureties 
satisfactory  to  the  board  of  supervisors,  in  such 
amount  as  they  may  fix,  which  shall  be  stated  in 
said  advertisement;  provided,  however,  that  the 
board  may  authorize  the  highway  commission  to 
make  contracts,  without  advertisement,  for  any 


209  BOAD  LAWS. 

part  of  said  work  the  cost  of  which  does  not  exceed 
one  thousand  dollars;  and  provided  further,  that 
the  board  may  reject  all  bids  and  may  thereupon 
readvertise  for  bids  for  doing  any  part  or  the 
whole  of  said  work,  or  in  their  discretion  authorize 
the  highway  commission  to  purchase  the  necessary 
material,  purchase  or  hire  tools  and  appliances,  and 
hire  laborers,  and  to  do  the  work  or  any  part 
thereof  without  letting  any  contract  therefor.  In 
such  case  all  contracts  for  materials,  tools  or  appli- 
ances, amounting  to  more  than  one  thousand  dollars 
in  value  shall  be  let  by  the  commission  to-  the 
lowest  responsible  bidder,  after  advertisement  as 
above  provided.  Said  commission  may,  with  the 
consent  of  the  board  of  supervisors,  hire  all  neces- 
sary engineers,  inspectors  and  superintendents  to 
supervise  the  performance  of  said  contract,  or  to 
have  charge  of  the  doing  of  said  work  without 
contract. 

§  10.  All  improvements  constructed  under  this 
act  shall  be  of  a  durable  and  lasting  character;  pro- 
vided, that  said  commission  shall  have  the  power  to 
determine  how  said  highways  shall  be  improved 
and  constructed,  and  the  character  of  the  materials 
to  be  used  in  the  improvement  and  construction 
thereof.  If  said  commission  shall  determine  that 
said  highways,  or  any  of  them,  shall  be  macadam- 
ized or  paved,  then  the  macadamized  or  paved 
portion  of  the  roadbed  constructed  or  any  high- 
way or  portion  thereof  improved  under  this  act, 
shall  not  exceed  sixteen  feet  in  width,  unless 
donations  are  made  to  the  highway  commission 
for  that  purpose,  in  which  case  such  donations 
may  be  used  to  defray  the  increased  cost  of 
constructing  such  macadamized  or  paved  roadbed 
more  than  sixteen  feet  wide  on  any  part  of  such 
highway  specified  by  the  donors;  but  no  part  of  the 
proceeds  of  any  bond  issue  shall  be  expended  for 
such  purpose.  No  railroad,  electric  road,  or  street 


ROAD  LAWS.  209 

railroad  shall  be  constructed  along  or  upon  any 
highway,  or  any  portion  thereof,  improved  under 
the  provision  of  this  act,  except  for  crossings  duly 
authorized  by  the  board  of  supervisors,  nor  shall 
any  board  of  supervisors  have  power  to  grant  any 
franchise  for  the  construction  of  any  railroad;  elec- 
tric road,  or  street  railroad  along  or  upon  any  such 
highway  or  portion  thereof,  except  for  crossings; 
provided  that  when  any  such  highway  or  portion 
thereof  shall,  after  the  improvement  of  the  same 
under  the  provisions  of  this  act,  be  included  within 
the  boundaries  of  any  incorporated  city,  city  and 
county  or  town  the  foregoing  provisions  of  this 
section  shall  not  prohibit  the  granting  of  any  such 
franchise  by  the  proper  municipal  authorities  along, 
upon  or  across  any  such  highway,  or  portion  thereof 
so  included  within  the  boundaries  of  any  such  in- 
corporated city,  city  and  county,  or  town.  Any 
such  franchise  shall  be  granted  only  upon  the  ex- 
press condition  that  the  grantee  thereof  will  pay 
to  the  county  for  the  benefit  of  the  general  fund 
thereof  an  amount  equal  to  the  cost  of  the  improve- 
ment or  construction  of  such  portion  of  the  roadbed 
or  highway  constructed  or  improved  under  the  pro- 
visions of  this  act  as  shall  be  occupied  by  the 
track  or  tracks  of  such  railroad,  electric  road  or 
street  railroad.  [Amendment  approved  April  3, 
1911;  in  effect  immediately.] 

§  11.  Whenever  the  said  highway  commission 
shall  deem  it  necessary  the  board  of  supervisors 
may,  on  its  recommendation,  cause  any  highway  it 
proposes  to  improve  to  be  widened,  straightened,  or 
altered,  and  cause  new  highways  to  be  laid  out  and 
constructed,  and  for  that  purpose  they  may  acquire 
land  in  the  name  of  the  county  by  donation  or  pur- 
chase; and  may  order  the  condemnation  of  such  land 
and  direct  the  district  attorney  to  bring  an  action  in 
the  name  of  the  county  for  that  purpose  under  the 
provisions  of  the  Code  of  Civil  Procedure  in  relation 
to  eminent  domain.  In  such  action  the  order  of 


210  EOAD  LAWS. 

the  board  of  supervisors  shall  be  conclusive  evidence 
of  the  regularity  of  all  prior  proceedings.  The 
cost  of  purchasing  or  condemning  such  land  shall 
be  paid  out  of  the  highway  improvement  fund. 
[Amendment  approved  March  6,  1909;  Stats.  1909, 
p.  154.] 

§  12.  No  part  of  any  highway  lying  within  the 
corporate  limits  of  any  incorporated  city  or  town 
shall  be  improved  under  the  provisions  of  this  act; 
but,  when  any  highway  which  is  being  so  im- 
proved shall  pass  through  any  incorporated  city  or 
town,  said  city  or  town  is  hereby  authorized  to 
improve  the  portion  of  such  highway  lying  within 
its  corporate  limits,  and  for  the  purpose  of  raising 
the  necessary  funds  therefor,  to  issue  bonds  in  such 
manner  as  may  be  provided  by  law  for  the  issuing 
of  bonds  by  such  city  or  town  for  public  improve- 
ments. 

§  13.  All  necessary  repairs  to  any  highway  im- 
proved under  this  act  shall  be  made  by  the  same 
officers  who  may  be  charged  with  the  duty  of  re- 
pairing other  highways  of  the  county,  and  the  cost 
of  such  repairs  shall  be  paid  out  of  the  general  fund 
of  the  county. 

§  14.  Said  highway  commission  shall,  at  least 
once  in  every  six  months,  make  and  file  with  the 
board  of  supervisors  a  detailed  statement  of  their 
proceedings,  showing  the  amount  of  money  in  the 
highway  improvement  fund  at  the  time  of  their 
last  statement,  the  amount  of  all  donations  since 
received,  and  the  purposes  for  which  said  donations 
were  made,  the  amount  since  expended,  with  the 
purposes  for  which  it  was  expended  and  the  bal- 
ance remaining,  the  contracts  entered  into  or  other 
obligations  incurred  by  them  and  still  outstanding, 
the  highways  in  course  of  improvement  or  completed 
since  their  last  statement,  and  the  condition  of  the 


EOAD  LAWS.  211 

work  on  each,  together  with  any  other  information 
that  they  may  consider  of  interest  to  the  public. 

§  15.  Each  member  of  said  highway  commission 
shall  receive  a  per  diem  of  five  dollars  for  each  day 
actually  and  necessarily  spent  in  the  discharge  of 
his  duties,  together  with  his  actual  necessary  trav- 
eling expenses,  to  be  allowed  by  the  board  of  su- 
pervisors and  paid  monthly.  Said  per  diem  and 
expenses  and  all  other  demands  against  the  county 
which  said  highway  commission  are  authorized  to 
incur  shall  be  paid  out  of  the  general  fund  of  the 
county  until  there  shall  be  money  in  the  highway 
improvement  fund  derived  from  the  sale  of  bonds, 
whereupon  the  general  fund  shall  be  reimbursed 
from  the  highway  improvement  fund  for  the  amounts 
so  expended,  and  thereafter  said  per  diem  and  ex- 
penses and  other  demands  shall  be  paid  out  of  said 
highway  improvement  fund;  provided,  Ihowever, 
that  after  the  preparation  and  filing  of  their  report 
and  recommendation  for  the  issuance  of  bonds  the 
members  of  said  highway  commission  shall  not 
Deceive  any  per  diem  or  expenses  unless  there  is 
money  in  said  highway  improvement  fund  to  pay 
the  same. 

§  16.    This  act  shall  take  effect  immediately.  . 


An  Act  to  provide  for  work  upon  public  roads, 
streets,  avenues,  boulevards,  lanes  and  alleys 
not  within  the  territory  of  incorporated  cities 
or  towns;  for  the  incidental  establishment  of 
grades  thereof;  for  the  construction  therein 
or  thereon  of  sidewalks,  sewers,  manholes, 
bridges,  cesspools,  gutters,  tunnels,  curbing, 
and  crosswalks;  for  the  issue  of  bonds  repre- 
senting the  costs  and  expenses  thereof;  for  a 
special  fund  derived  in  part  from  the  county 
road  fund  and  in  part  by  special  assessment 


212  EOAD  LAWS. 

upon  a  district,  and  for  the  establishment  of 
such  districts. 

[Approved  March  21,  1907;  Stats.  1907,  p.  806; 
amended  1911,  Stats.  1911,  chap.  315.] 

§  1.  Road  district  improvement.  Power  of  Board 
of  Supervisors.  May  issue  bonds.  Special 
taxes.  Prohibited  work. 

§  2.  Specifications  to  be  furnished.  Resolution  of 
intention. 

§  3.     Form  of  resolution  of  intention  to  order  work. 

§  4.  Publication  of  resolution.  Copies  to  be  posted. 
When  Board  acquires  power  to  proceed.  Evi- 
dence. 

§  5.  Objections  to  work.  Findings  of  Board  to  be 
of  record.  Owners  of  land  defined.  Hearing 
of  objections. 

§  6.  When  Board  to  order  work.  Boundaries  of 
district.  Notice  for  proposals  for  doing  work. 

§  7.  Publication  of  notice.  Consideration  of  bids. 
Notice  of  award  to  be  published.  Bonds  ac- 
companying bids.  Successful  bidder  to  pay 
for  advertising. 

§  8.    When   bidder  fails   to   enter   into   contract. 

§  9.  Terms  of  contract.  Bond  of  contractor.  What 
county  must  undertake. 

§10.  When  work  is  completed  declaration  to  be  filed. 
Notice  of  hearing  whether  work  be  accepted. 
Form  of  notice,  publication  of.  Hearing  con- 
tinued. Objection  to  acceptance. 

§11.    Resolution  of  acceptance. 

§12.  County  Treasurer  to  issue  bonds.  Form  of 
bond.  Interest  coupons.  Number  of  years 
to  run.  Interest  payments. 

§13.  Special  bond  fund.  Special  tax.  Transfer  from 
general  road  fund. 

§14.  Powers  of  Supervisors.  Appointment  of  Engi- 
neer. Superintendent  of  work.  Other  em- 
ployees. 

§15.     Costs  of  proceedings,  by  whom  paid. 

§16.    Place  of  publication  may  be  changed,  how. 

§17.    All  papers  to  be  filed  with  County  Clerk. 

§18.     Name  of  act. 

§  1.  Power  is  hereby  vested  in  the  board  of 
supervisors  of  every  county  in  this  state,  by  and 
under  the  procedure  prescribed  in  this  act,  to  grade 
or  regrade  to  the  official  grade,  plank  or  re-plank, 
pave  or  re-pave,  macadamize  or  re-macadamize, 
gravel  or  re-gravel,  pile  or  re-pile,  cap  or  re-cap,  oil 


EGAD  LAWS.  213 

or  re-oil  the  whole  or  any  portion  of  roads,  streets, 
avenues,  boulevards,  lanes  or  alleys  so  far  as  not 
within  the  territory  of  any  incorporated  city  or 
town,  and  so  far  as  by  dedication  or  otherwise, 
public  and  open  to  public  use,  and  to  do  so  for  any 
length  or  width  of  the  same,  one  of  the  same  or 
any  number  of  the  same  in  combination,  and  to 
construct  therein  or  thereon  sidewalks,  sewers,  man- 
holes, culverts,  bridges,  cesspools,  gutters,  tunnels, 
curbing  and  crosswalks,  and  to  do  the  aforesaid 
things  singly  or  in  any  combination  of  the  same, 
and  the  various  items  of  the  said  work  and  con- 
structions need  not  be  conterminous;  and  to  issue 
bonds  representing  the  costs  and  expenses  of  any 
said  work  or  constructions  as  in  this  act  hereafter 
provided;  and  to  constitute  a  fund  for  the  pay- 
ment of  such  bonds  as  in  this  act  hereafter  pro- 
vided; and  to  constitute  a  special  fund  for  the 
payment  of  such  bonds  as  in  this  act  hereafter  pro- 
vided; and  to  levy  special  assessment  taxes  upon 
a  district  as  in  this  act  hereafter  provided;  and  to 
establish  said  district  and  determine  its  boun- 
daries as  in  this  act  hereafter  provided;  and,  as 
incidental  to  the  exercise  of  the  powers  aforesaid, 
to  establish  official  grades  within  said  district  and 
such  districts;  and  to  transfer  from  county  road 
funds  to  such  special  funds  as  in  this  act  hereafter 
provided. 

But  said  board  of  supervisors  are  hereby  prohibit- 
ed from  doing,  under  the  provisions  of  this  act,  any 
work  (except  sewer  work)  within  the  right  of  way 
for  any  railroad  or  within  any  area  which  by  law 
is  required  to  be  kept  in  order  or  repair  by  any 
person  or  company  having  railroad  tracks  thereon, 
and  this  prohibition  shall  have  the  effect  of  except- 
ing the  prohibited  work  from  that  described  in  any 
resolution  of  intention  in  any  proceeding  under  this 
act,  and  of  charging  all  persons  with  notice  of  such 
exception  or  exclusion,  and  such  exception  of  said 


214  EOAD  LAWS. 

prohibited   work  need   not   be    made   in   any   such 
resolution  of  intention. 

§  2.  Before  passing  any  resolution  of  intention 
under  this  act,  specifications  for  -work  substantially 
the  same  as  that  described  in  the  resolution  of  in- 
tention and  for  a  district  substantially  the  same 
as  that  described  in  the  resolution  of  intention  shall 
be  furnished  by  some  competent  person  who  shall 
have  been  designated  by  the  board  of  supervisors 
for  that  purpose  by  a  resolution  to  be  entered  by 
the  clerk  upon  the  minutes  of  said  board,  and, 
except  where  there  is  already  an  official  grade 
thereof,  as  a  part  of  such  specifications,  grades 
shall  be  specified  for  all  roads,  streets,  avenues, 
boulevards,  lanes  and  alleys  within  the  described 
district  so  far  as  the  same  are  within  such  district. 

Neither  the  work  nor  the  district  need  be  de- 
scribed in  the  resolution  appointing  such  person 
except  so  far  as  may  be  sufficient  to  identify  the 
work  and  district  for  which  the  specifications  are 
prepared,  and  for  such  purpose  it  shall  suffice  to 
designate  the  same  as  "In  the  Matter  of  Eoad 

District  Improvement  No. and  Eesolution  of 

Intention  No.  (inserting  the   same   number 

in  both  blanks.) 

Such  specifications  shall  include  an  estimate  of 
the  aggregate  amount  of  the  cost  of  the  work  in- 
clusive of  incidental  expenses  and  of  the  procedure. 
Such  specifications  shall  be  signed  by  the  person 
designated  to  furnish  them  and  be  filed  with  the 
clerk  of  the  board  of  supervisors. 

§  3.  Before  ordering  any  work  to  be  done  under 
this  act,  the  board  of  supervisors  shall  pass  a  reso- 
lution of  intention  so  to  do.  Such  resolution  may, 
in  form,  and  shall,  in  substance,  be  (filling  all 
blanks)  as  indicated  following,  to  wit: 

In    the    Matter    of    Road    District    Improvement 

No.   Eesolution    of   Intention   No.   (the 

same  number  for  both  blanks). 


EOAD  LAWS.  215 

Eesolved:  That  it  is  the  intention  of  the  Board 

of  Supervisors  of  the  county  of  ,  State  of 

California,  proceeding  under  and  by  virtue  of  the 
Eoad  District  Improvement  Act  of  1907,  and  in  the 

Matter   of   Eoad   Improvement    District   No.    . 

on  the day  of  ,  191 — ,  at  the  hour  of 

—  m.  of  that  day  or  as  soon  thereafter  as  the 
matter  can  be  heard,  at  the  chambers  of  said 
board,  to  order  work  to  be  done,  as  follows:  (Here 
insert  a  description  of  the  work,  stating  the  terri- 
torial extent  thereof  with  all  reasonable  exactness, 
and  in  other  particulars  generally,  yet  so  as  to  indi- 
cate fairly  and  approximately  its  probable  cost), 
the  said  work  to  be  done  in  accordance  with  the 
specifications  therefor  filed  with  the  clerk  of  said 

board  on  the  day  of  ,  191 — ,  except  as 

the  boundaries  of  the  district  and  grades  therein 
specified  may  be  changed  at  the  hearing  of  the 
matter  hereinafter  mentioned,  which  specifications 
are  made  part  hereof,  and  to  which  all  persons  are 
referred  for  further  particulars  as  to  said  work. 
For  the  costs  and  expenses  of  the  work  and  the 
proceeding  bonds  will  be  issued  to  the  amount  of 

the  same,  bearing  interest  at  the  rate  of  per 

cent,  per  annum,  payable  semi-annually,  and  one 
part  of  the  principal  annually,  all  in  gold  coin. 

A  special  fund  for  the  payment  of  said  bonds  is 
to  be  constituted  partly  by  transfer  of  moneys 
from  county  road  funds  and  partly  by  the  levy  of 
special  assessment  taxes  upon  all  land  within  a 
district  to  be  known  as  "Eoad  Improvement  Dis- 
trict No. of  the  County  of  ." 

Such  district  (as  proposed)  being  all  that  terri- 
tory in  the  county  of  ,  State  of  Cali- 
fornia, within  exterior  boundaries  as  follows,  to 

wit:  (the  blank  to  be  filled  with  a 

careful  statement  of  the  exterior  boundaries  of  the 
district). 


216  EOAD  LAWS. 

Notice  is  hereby  given  that  at  the  time  specified 
hereinbefore  for  ordering  the  work,  the  Matter  of 

said  Koad  District  Improvement  No.  will  come 

up  for  hearing,  and  all  objections,  which  are,  under 
the  provisions  of  said  Eoad  District  Improvement 
Act  of  1907,  entitled  to  be  heard  or  determined, 
will  then  be  heard  and  determined,  and  the  boun- 
daries of  said  district  and  grades  therein  be  finally 
determined  and  established. 

The ,  (here  insert  name  and  char- 
acter of  newspaper)  is  hereby  designated  as  the 
newspaper  for  making  publication  of  this  resolu- 
tion and  for  making  all  other  publications  in  the 
proceeding. 

,  a  competent  person,  is  hereby  ap- 
pointed superintendent  of  work  with  compensation 
at  the  rate  of  dollars  per  diem  for  days  act- 
ually spent  in  performance  of  duty  under  this  ap- 
pointment. 

The  foregoing  resolution  was,  on  the  day  of 

,  191 — ,  passed  by  the  board  of  supervisors 

of  the  county  of ,  State  of  California. 

Attest 

Clerk  of  the  Board  of  Supervisors 

of  said  County  of 

By 

(Adding  if  the  fact  so  be)  Deputy  Clerk. 

The  principal  and  interest  of  the  bonds  repre- 
senting the  cost  of  work  done  under  the  provisions 
of  this  act,  shall  be  payable  in  gold  coin  of  the 
United  States  of  America,  and  the  board  of  super- 
visors is  authorized  to  determine  the  time,  not  to  ex- 
ceed twenty  years,  in  which  bonds  issued  to  represent 
the  cost  of  the  work  shall  be  paid,  and  to  determine 
the  rate,  not  to  exceed  seven  per  centum  per  annum, 
of  the  interest  to  be  paid  thereon,  which  interest 
shall  be  payable  semi-annually,  and  to  make  such 
bonds  in  all  respects  as  indicated  by  the  form 
therefor,  in  this  act  hereafter  provided. 


ROAD  LAWS.  217 

Sec.  4.  Such  resolution  of  intention  shall  be 
filed,  and  be  published  by  at  least  two  insertions 
in  the  newspaper  therein  designated,  which  shall 
be  a  newspaper  published  and  circulated  in  the 
county,  or,  if  there  be  no  such  newspaper,  then  in 
any  newspaper  designated  by  said  board  of  super- 
visors in  such  resolution.  Printed  copies  of  such 
resolution,  headed  "  Notice  of  Eoad  District  Im- 
provement/7 such  heading  to  be  in  letters  not  less 
than  one  inch  in  length,  shall  be,  by  the  superin- 
tendent of  work,  posted  along  the  line  of  the  work 
described  in  said  resolution,  at  not  more  than  one 
hundred  feet  in  distance  apart,  but  not  less  than 
three  in  all. 

Affidavits  in  proof  of  such  publication  and  post- 
ing shall  be  filed  with  the  clerk  of  the  board  of 
supervisors.  When,  before  the  day  of  the  hearing 
specified  in  the  resolution  of  intention,  twenty  days 
have  elapsed  since  the  posting  and  the  first  publi- 
cation (they  need  not  be  simultaneous)  of  the  reso- 
lution of  intention,  the  board  of  supervisors  shall 
have  acquired  power  to  proceed  with  such  hearing 
and  to  take  all  other  action  in  the  proceeding  as  is 
in  this  act  authorized. 

The  determination  of  the  board  of  supervisors 
to  proceed  with  such  hearing,  whether  evidenced 
by  an  express  declaration  or  by  its  proceedings  to 
make  other  determinations  at  such  hearing,  shall 
be  presumptive  evidence,  at  the  least,  of  the  exist- 
ence of  all  the  facts  upon  which  the  power  of  the 
board  to  proceed  depends,  except  such  as  are  re- 
quired to  appear  of  the  record  in  the  proceeding, 
and  except,  also,  in  so  far  as  such  presumption  is 
rebutted  by  the  record  in  the  proceeding. 

Sec.  5.  At  any  time  before  the  day  in  the  reso- 
lution of  intention  specified  for  ordering  the  work 
and  the  hearing  of  the  matter,  any  owner  of  land 
within  the  boundaries  of  the  district  as  set  forth 


218  EOAD  LAWS. 

in  said  resolution,  may,  severally,  or  with  other 
such  owners,  file  with  the  clerk  of  the  board  of 
supervisors  written  objection  to  the  ordering  of 
the  work  as  an  entirety,  and  not  merely  to  some 
part  thereof,  as  described  in  the  resolution  of  in- 
tention. 

If  upon  said  hearing  it  appears  that  a  majority 
of  the  owners  of  land  within  the  district,  as  set 
forth  in  the  resolution  of  intention,  have  so  in 
writing  made  objection  going  to  the  entirety  of  the 
work  described  in  the  resolution  of  intention  and 
to  the  ordering  of  the  same,  the  board  of  super- 
visors shall,  by  a  resolution,  to  be  entered  in  its 
minutes,  so  find;  and  thereupon  such  board  shall 
have  no  power  to  proceed  further  under  said  reso- 
lution of  intention,  or  to  pass  any  resolution  of 
intention  for  doing  the  same  work,  during  a  period 
of  one  year,  next  after  the  time  of  such  finding; 
and  the  accrued  costs  of  the  proceedings  shall  be 
a  charge  upon  the  county.  But  if  the  fact  be  that 
a  majority  of  the  owners  of  land  lying  within  the 
district,  as  set  forth  in  said  resolution  of  inten- 
tion, have  not  so  in  writing  made  objection  going 
to  the  ordering  of  the  work,  as  an  entirety,  the 
board  of  supervisors  shall  so  find,  and  thereupon 
proceed  with  the  hearing;  but  such  finding  need  not 
then  be  in  writing  and  may,  for  the  purpose  of 
proceeding  with  the  hearing,  be  a  mere  announce- 
ment of  the  board,  to  be  noted  in  the  minutes  by 
the  clerk. 

At  the  conclusion  of  the  hearing,  however,  the 
said  finding  shall,  severally  or  with  other  deter- 
minations of  the  board,  be  made  in  writing,  to  be 
filed  and  entered  upon  the  minutes  of  the  board. 

Owners  of  land  within  the  meaning  of  this  sec- 
tion are  those,  and  those  only,  who  appear  to  be 
such  upon  the  records  in  the  recorder's  office  of  the 
county  in  which  the  district  is  situated,  on  the 
day  before  the  day  for  said  hearing,  and  an  executor 


EOAD  LAWS.  219 

or  administrator  shall  be  deemed  representative  of 
his  decedent,  and  a  trustee  of  an  express  trust  in 
land  other  than  as  security  for  the  payment  of 
money,  of  the  land  held  in  such  trust,  and  a  trustee 
in  bankruptcy,  of  the  bankrupt. 

Next  after  in  order  of  hearing,  the  board  shall 
proceed  to  hear  such  objections  as  may  be  made  to 
the  grades  specified  in  the  specifications. 

Thereafter,  in  the  order  of  the  hearing  shall  be 
heard  such  objections  as  shall  be  made  to  the  boun- 
daries of  the  district  as  set  forth  in  the  resolution 
of  intention.  Objection  to  the  grades  or  to  the 
boundaries  of  the  district  may  be  made  by  an 
owner  of  land  lying  within  the  district  upon  the 
hearing  without  any  written  statement  of  the  same. 

The  hearing  may  be  continued  from  time  to  time 
by  the  board  of  supervisors  by  an  order  to  be  en- 
tered in  the  minutes  of  the  board. 

Sec.  6.  Unless  the  power  to  proceed  shall  have 
ceased,  as  hereinbefore  provided,  the  board  of  su- 
pervisors shall  in  conclusion  of  the  aforementioned 
hearing,  and  as  a  sufficient  determination  of  all 
questions  arising  thereat,  by  resolution  or  resolu- 
tions to  be  entered  upon  its  minutes,  declare  its 
finding  that  a  majority  of  the  owners  of  land 
within  the  district  described  in  the  resolution  of 
intention  have  not  before  the  day  of  the  hearing 
filed  written  objection,  going  to  the  ordering  of  the 
work  to  be  done,  and  determining  the  boundaries 
of  the  district,  and  the  grades  thereon.  If  no 
changes  be  made  in  the  boundaries  of  the  district 
as  the  same  are  set  forth  in  the  resolution  of  inten- 
tion, it  shall  be  sufficient  to  state  that  the  bounda- 
ries of  the  district  are  those  set  forth  in  the  reso- 
lution of  intention,  but  if  any  change  of  such  boun- 
daries is  made,  the  boundaries  of  the  district,  as 
finally  determined,  shall  be  fully  set  forth. 

If  no  change  be  made  as  to  the  grades,  as  set 
forth  in  the  specifications  on  file,  it  shall  be  suffi- 


220  ROAD  LAWS. 

cient  to  state  that  the  grades  of  the  same,  as  finally 
determined,  are  those  set  forth  in  such  specifica- 
tions. In  either  case,  the  boundaries  of  the  district 
so  determined  shall  be  the  boundaries  of  the  dis- 
trict for  all  purposes  of  the  proceeding  and  until 
any  bonds  to  be  issued  for  the  cost  of  the  work 
shall  have  been  fully  paid  and  discharged;  and  the 
grades  so  determined  shall  be  the  grades  of  ths 
district  for  all  the  purposes  of  the  proceeding  and 
the  "official  grade "  within  the  meaning  of  section 
1  of  this  act;  provided,  however,  that  the  bounda- 
ries of  the  district,  as  the  same  are  set  forth  in  the 
resolution  of  intention,  shall  not  be  so  changed  as 
to  include  within  the  district  any  territory  not 
within  its  boundaries  as  set  forth  in  that  resolution, 
nor  so  that  the  place  or  locality  of  any  work  de- 
scribed in  such  resolution  of  intention  shall  be  ex- 
cluded from  the  boundaries  of  the  district  as  so 
finally  determined. 

In  like  manner  the  board  of  supervisors  may 
order  the  work  to  be  done,  and  if  it  so  do,  shall  fix 
a  time  for  receiving  proposals  or  bids  for  doing 
the  work,  and  direct  the  clerk  to  give  notice  ac- 
cordingly, inviting  sealed  proposals  or  bids.  Such 
notice  shall  include  a  statement  that  the  work  ia 
to  be  done  "under  the  provisions  of  the  Eoad  Dis- 
trict Improvement  Act  of  1907,  and  according  to 
the  specifications  on  file  therefor,  except  in  so  far 
as  the  grades  specified  therein  shall  have  been  fixed 
otherwise  by  the  board  of  supervisors  in  conclusion 
of  the  hearing  in  said  act  provided;  to  which  said 
act,  to  the  resolution  of  intention  and  all  proceed- 
ings had  thereunder  the  attention  of  bidders  is 
hereby  directed,  and  by  this  reference  made  part  of 
this  notice. " 

Sec.  7.  The  notice  inviting  sealed  proposals  or 
bids  shall  be  published  by  at  least  two  insertions 
in  the  newspaper  designated  in  the  resolution  of 
intention,  and  (not  necessarily  simultaneously)  a 


ROAD  LAWS.  221 

copy  or  copies  of  the  same  be  posted  and  kept 
posted  for  five  days,  at  or  near  the  chamber  door 
of  the  board  of  supervisors.  All  proposals  or  bids 
shall  be  accompanied  by  a  check,  payable  to  the 
order  of  the  presiding  officer  of  the  board  of  su- 
pervisors, certified  by  a  responsible  bank  for  an 
amount  not  less  than  ten  per  cent  of  the  aggregate 
of  the  proposal  or  bid,  or  by  a  bond  for  said  amount 
running  to  the  presiding  officer  of  the  board  of 
supervisors,  signed  by  the  bidder,  with  two  sureties 
qualifying  each  in  said  amount  over  and  above  all 
statutory  exemptions  before  an  officer  competent  to 
administer  an  oath. 

Said  proposals  or  bids  shall  be  delivered  to  the 
clerk  of  said  board,  and  said  board  shall,  in  open 
session,  examine  and  declare  the  same,  but  no  pro- 
posal or  bid  shall  be  considered  unless  accompanied 
by  said  cheek  of  such  bond  in  terms  satisfactory 
to  the  board.  The  board  may  reject  any  and  all 
proposals  or  bids  should  it  deem  this  for  the  public 
good,  and  shall  reject  all  proposals  or  bids  other 
than  the  lowest  regular  proposal  or  bid  of  any  re- 
sponsible bidder,  and  may  award  the  contract  for 
said  work  to  the  lowest  responsible  bidder  at  the 
price  named  in  his  bid. 

A  notice  of  such  award,  attested  by  the  clerk  of 
the  board  of  supervisors,  shall  be  published  and 
posted  for  five  days  in  the  same  manner  as  herein- 
before provided  with  respect  to  the  notice  inviting 
proposals  or  bids. 

The  check  or  bonds  accompanying  such  accepted 
proposals  or  bids  shall  be  kept  by  the  clerk  of  said 
board  until  the  contract  for  doing  said  work,  as 
hereinafter  provided,  has  been  entered  into.  If  said 
bidder  fails,  neglects  or  refuses  to  enter  into  the 
contract  for  said  work,  as  hereinafter  provided, 
then  the  certified  check  accompanying  his  bid,  and 
the  amount  therein  mentioned,  shall  be  declared 
forfeited  to  the  county,  and  may  be  collected  by 


222  EOAD  LAWS. 

it  and  paid  into  its  road  fund,  and  any  bond  for- 
feited may  be  prosecuted,  and  the  amount  thereof 
collected  and  paid  into  said  fund. 

Before  being  entitled  to  a  contract  the  bidder 
to  whom  the  award  thereof  has  been  made  must 
advance  and  pay  to  the  clerk  of  the  board  of  su- 
pervisors, for  payment  by  him  the  costs  and  ex- 
penses of  publishing  and  posting  resolutions,  no- 
tices and  orders  required  under  this  act  to  be  made, 
which  have  been  made,  given,  posted  or  published 
in  the  proceeding. 

Sec.  8.  If  for  fifteen  days  after  being  awarded 
the  contract,  the  bidder  to  whom  the  contract  was 
awarded  fails,  neglects  or  refuses  to  enter  into  the 
contract,  the  board  of  supervisors  may  direct  the 
clerk  of  the  board  to  give  notice  as  in  the  first 
instance,  inviting  sealed  proposals  or  bids,  and 
thereupon  shall  by  bidding,  award,  and  other  pro- 
ceedings as  in  the  first  instance;  and  as  in  the  case 
of  default  of  a  first  awardee,  so,  also  in  that  of  a 
second. 

Sec.  9.  The  presiding  officer  of  the  board  of  su- 
pervisors is  hereby  authorized,  in  the  name  of  the 
county,  to  execute  the  contract  with  the  awardee  of 
the  same,  and  to  receive  and  approve  all  bonds  by 
this  act  required  on  the  part  of  such  awardee,  and 
shall,  by  the  terms  of  said  contract,  fix  the  time  for 
the  beginning  of  the  work,  which  shall  not  be  moro 
than  twenty  days  from  the  date  thereof,  and  the 
contract  shall  provide  that  the  work  be  prose- 
cuted with  diligence  until  completed,  and  a  time 
for  such  completion  shall  be  in  the  contract  fixed, 
but  such  time  of  completion  may  be  extended  from 
time  to  time  by  the  board  of  supervisors,  in  its 
discretion,  and  by  resolution,  which  shall  be  entered 
by  the  clerk  in  the  minutes  of  said  board,  a  copy 
of  which  shall  be  by  said  clerk  endorsed  upon  or 
annexed  to  the  contract. 


ROAD  LAWS.  223 

Before  entering  upon  such  contract,  a  bond  shall 
be  executed  and  filed,  running  to  the  county,  in 
an  amount  not  less  than  one-half  of  the  contract 
price  of  the  work,  signed  by  the  contractor  and 
two  or  more  sureties,  who  shall  aggregatedly,  un- 
less surety  companies,  qualify  before  an  officer  en- 
titled to  administer  the  oath  in  a  sum  equal  to  the 
amount  of  the  bond,  each  surety  in  the  amount  for 
which  he  becomes  surety.  Such  bond  shall  be  con- 
ditioned for  the  faithful  execution  of  the  contract 
by  the  party  contracting  to  do  the  work,  and  the 
payment  by  him  for  all  labor  and  materials  fur- 
nished for  or  in  the  doing  of  the  work.  The  form 
and  sufficiency  of  said  bond  shall  be  passed  upon  by 
some  member  of  the  board  of  supervisors,  and  such 
bond  shall  inure  as  well  to  the  benefit  of  any  and 
all  persons  furnishing  labor  or  materials  for  the 
work  as  to  the  county. 

Said  contract  shall  undertake  on  behalf  of  the 
county  that  the  board  of  supervisors  will,  upon  the 
fulfillment  and  performance  of  the  contract  on  the 
part  of  the  contractor,  and  under  the  provisions  of 
the  "Road  District  Improvement  Act  of  1907, M 
take  all  steps  in  or  by  said  act  authorized  to  be 
taken,  to  effect  the  issuing  by  the  county  treasurer 
of  the  bonds  in  said  act  authorized  to  be  issued,  and 
provide  a  fund  for  the  payment  of  the  same,  as  in 
or  by  said  act  prescribed;  and  it  shall  be  in  such 
contract  stated  that  in  no  case  shall  the  county  be 
liable  under  the  contract,  nor  any  officer  thereof  be 
thereunder  holden  except  for  the  discharge  of  offi- 
cial duty  under  the  law. 

Sec.  10.  As  soon  as  may  be  done  in  good  faith, 
there  shall  be  filed  with  the  clerk  of  the  board  of 
supervisors  a  declaration  that  the  work  has  been 
completed  according  to  the  contract,  together  with 
an  itemized  statement  of  all  the  incidental  costs 
and  expenses  of  the  work  and  the  proceeding,  in- 


224  EOAD  LAWS. 

elusive  of  the  estimated  cost  of  publishing  the  no- 
tice of  final  hearing  hereinafter  mentioned. 

The  aggregate  of  such  items  shall  be  stated,  and, 
also,  the  amount  due  as  of  the  contract  price;  and 
also  the  gross  sum  for  a  bond  issue  representing  the 
entire  amount  thereof,  as  claimed  by  the  con- 
tractor. The  said  declaration  and  statements  shall 
be  signed  and  verified  by  the  superintendent  of 
work,  and  by  the  contractor  or  some  person  cogni- 
zant of  the  facts,  signing  on  behalf  of  the  con- 
tractor, and  stating  why  he,  instead  of  the  con- 
tractor, so  signs  and  verifies.  Either  signer  may 
except  from  his  signature  and  verification  any 
amount  or  item  to  which  he  does  not  assent. 

The  presiding  officer  of  the  board  of  supervisors 
is  hereby  authorized  to  fix  a  time  and  give  a  notice 
for  a  hearing  for  the  purpose  of  determining  whe- 
ther the  work  shall  be  accepted  as  being  completed 
according  to  the  contract,  and  for  determining  the 
aggregate  amounts  for  which  bonds  shall  be  issued 
representing  the  total  cost  of  the  work,  and  the 
amount  of  the  incidental  costs  and  expenses  of  the 
work,  and  the  proceedings  which  is  to  be  charged 
to  and  paid  by  the  contractor. 

Such  hearing  shall  be  known  as  the  final  hearing. 
The  notice  of  such  hearing  may,  in  form,  and  shall, 
in  substance,  be  (filling  the  blanks)  as  follows: 

Notice  of  Final  Hearing 

In  the  Matter  of  Eoad  District 

Improvement  No. 

Notice  is  hereby  given  that  a  final  hearing  of 
the  above  named  matter  will  be  had  at  the  hour 

of  M.  on  the  day  of  ,  191 — ,  at 

the    chamber   of   the   board   of   supervisors    of    the 

county  of  ,  State  of  California,  for 

the  purpose  of  determining  whether  the  work  done 

under  the  contract  made  with  under 

Resolution  of  Intention  No.  in  Eoad  Improve- 


ROAD  LAWS.  225 


ment  District  JSTo.  of  the  county  of 

shall  be  accepted  as  being  performed  according  to 
the  contract,  and  for  determining  the  aggregate 
amount  for  which  bonds  shall  issue  representing 
the  cost  of  such  work,  inclusive  of  the  incidental 
costs  and  expenses  of  the  work  and  the  proceeding, 
of  which  a  statement  has  been  filed  with  the  clerk 
of  said  board  of  supervisors  of  the  county  of 

,  to  which  statement  the  attention  of 

all  persons  interested  is  hereby  directed. 


of  the  Board  of  Supervisors 


of  the  county  of 
Attest: 


Clerk  of  said  Board  of  Supervisors. 

By 

(If  so  the  fact  be.)  Deputy  Clerk. 

Such  notice  shall  be  signed  by  the  presiding  offi- 
cer of  the  board  of  supervisors  and  attested  by  the 
clerk  of  the  board  of  supervisors  and  published 
by  at  least  two  insertions  in  the  newspaper  desig- 
nated in  the  resolution  of  intention,  and  a  copy 
or  copies  thereof  posted  and  kept  posted  for  two 
days  at  or  near  the  chamber  door  of  the  board  of 
supervisors,  the  first  day  of  such  publication  and 
that  of  such  posting  (they  need  not  be  simultane- 
ous) to  be  not  less  than  five  days  before  the  day 
in  said  notice  specified  for  the  hearing. 

Proof  of  such  publication  shall  be  made  by  affi- 
davit or  affidavits,  and  the  same  shall  be  filed.  If 
a  quorum  be  not  present  at  the  time  in  the  notice 
specified  for  the  hearing,  a  member  or  members  of 
the  board  then  present  may  continue  the  hearing 
from  day  to  day,  and  at  all  stages  thereof  the 
hearing  may,  by  resolution,  to  be  entered  in  the 
minutes,  be  continued  from  time  to  time. 

At  any  time  before  the  day  in  said  notice  speci- 
fied for  the  hearing,  any  owner  of  property  not 


226  ROAD  LAWS. 

exempt  from  taxation  within  the  district,  as  finally 
established,  may  solely  or  with  any  other  such 
owner  or  owners,  file  written  objection  to  the  ac- 
ceptance of  the  work  on  the  ground  that  the  work 
has  not  been  completed  or  done  according  to  the 
contract,  specifying  in  ordinary  language  the  par- 
ticulars in  which  the  contract  has  not  been  so  com- 
pleted or  done. 

Any  person  interested  in  the  proceeding,  as  of 
the  interest  of  the  contractor,  shall  be  presumed  to 
take  issue  with  such  objection,  and  be  heard  accord- 
ingly. 

Questions  going  to  the  incidental  costs  or  ex- 
penses of  the  work  or  the  proceedings  may  be  raised 
orally  by  any  owner  of  property  not  exempt  from 
taxation,  situated  within  the  district. 

Evidence  may  be  adduced  going  to  any  of  the 
matters  to  be  determined,  and  in  such  order  as  the 
board  may  summarily  direct. 

If,  when  the  matter  has  been  fully  heard,  whether 
under  or  in  the  absence  of  objections,  the  board 
of  supervisors  is  of  the  opinion  that  the  work  has 
not  been  completed  or  done  according  to  the  con- 
tract, it  shall  in  writing  specify  what  must  be  done 
in  order  to  complete  the  work,  and  shall,  by  an 
order  or  resolution  to  be  entered  in  its  minutes, 
continue  the  further  hearing  of  the  whole  matter 
to  a  specified  day,  expressly  stating  that  such  con- 
tinuance is  for  the  purpose  of  enabling  the  con- 
tractor to  complete  his  contract. 

On  said  continued  hearing  the  objections  filed 
before  the  day  of  the  first  hearing  shall  continue  in 
force  as  against  the  work,  and  evidence  be  re- 
ceived, if  offered,  as  to  what  has  been  done  by  way 
of  completing  the  contract  in  the  particulars  speci- 
fied in  the  order  of  the  board  on  the  said  continu- 
ance of  the  hearing. 


EOAD  LAWS.  227 

If,  upon  such  continued  hearing,  it  is  the  opinion 
of  the  board  that  the  work  is  still  uncompleted  in 
the  particulars  as  to  which  it  was  ordered  to  be 
completed,  it  shall  be  discretional  with  said  board 
to  order  or  refuse  a  second  continuance  of  the 
hearing.  If  the  board  do  order  such  second  contin- 
uance, it  shall  be  ordered  in  the  same  manner  and 
with  like  effect  as  provided  aforesaid,  upon  the 
first  continuance. 

And  as  provided  aforesaid  for  a  second  continu- 
ance so  of  any  other  or  further  continuance. 

Objections  to  any  item  of  incidental  costs  and 
expenses  shall  pend  and  be  heard  on  said  day,  or 
at  any  continued  hearing  had,  as  in  this  section 
aforesaid  provided. 

Every  continuance  of  said  hearing  for  the  pur- 
pose of  enabling  the  contractor  to  complete  his  con- 
tract or  the  work  shall  continue  or  revive  such 
powers  of  the  board  of  supervisors  had,  under  the 
provisions  of  this  act,  in  the  proceeding,  at  the  time 
of  the  filing  of  the  contractor's  declaration  that  the 
work  was  completed,  as  provided  aforesaid,  and  also 
operate  to  extend  the  time  for  the  completion  of 
said  contract  in  such  manner  that  its  completion 
within  the  time  to  which  the  hearing  is  continued, 
shall  be  as  valid  performance  of  such  contract  aa 
if  completed  at  the  time  of  filing  such  declaration 
or  statement. 

Sec.  11.  Whenever  upon  the  hearing  in  section 
10  aforesaid  provided,  whether  at  the  first  or  any 
continued  hearing,  it  shall  be  the  opinion  of  the 
board  of  supervisors  that  the  work  has  been  com- 
pleted and  done  according  to  the  contract,  said 
board  shall  by  a  resolution,  to  be  entered  upon  its 
minutes,  so  declare,  and  that  the  work  is  accepted, 
and  stating  the  aggregate  amount  for  which  bonds 
shall  be  issued,  and  stating  the  amount  of  the  in- 
cidental costs  and  expenses  of  the  work  and  the 


228  EOAD  LAWS. 

proceeding  which   are    charged   against   and   to   be 
paid  by  the  contractor. 

Sec.  12.  The  clerk  of  the  board  of  supervisors 
shall  transmit  to  the  county  treasurer  of  the  county 
an  attested  copy  of  the  final  order  mentioned  in  sec- 
tion II  of  this  act,  and  upon  receipt  of  the  same 
the  county  treasurer  shall  proceed  to  issue  bonds 
to  the  amount  in  the  aggregate  of  their  principal  as 
the  same  is  stated  in  the  attested  copy  of  said 
final  order.  A  bond  may  be  issued  in  any  amount, 
provided  that  the  aggregate  of  the  bond  or  bonds 
made  payable  in  any  one  year  is  the  one  proper 
part  of  the  whole  principal  of  the  bond  issue,  as 
specified  in  such  attested  copy  of  said  final  order, 
and  so  that  the  interest  thereon  be  made  payable 
on  the  second  days  of  January  and  July.  The 
said  bonds  may,  in  form,  and  shall,  in  substance, 
be  as  indicated  following,  to-wit: 

Road  District  Improvement  Bond 


Eoad  District  Improvement  No.  

County  of  ,  State  of  California. 

.  No.  


Under  and  by  virtue  of  the  Eoad  District  Im- 
provement Act  of  1907,  an  act  of  the  legislature 
of  the  State  of  California  (here  may  be  inserted 
any  further  designation  desired)  the  county  of 

,  State  of  California,  will,  out  of  the 

fund  hereinafter  designated,  at  the  office  of  the 

treasurer  of  said  county,  on  the  day  of 

,  191 — ,  pay  to  the  bearer  the  sum  of 

dollars,  in  gold  coin  of  the  United 

States  of  America,  with  interest  thereon  in  like 
gold  coin,  at  the  rate  of  per  cent  per  an- 
num, payable  as  hereinafter  specified. 

This  bond  is  payable  out  of  Eoad  District  Im- 
provement Fund  No. exclusively,  as  the  same 

appears  on  the  books  of  the  treasurer  of  said 


EOAD  LAWS.  229 

county,  and  neither  said  county  nor  any  officer 
thereof  is  holden  for  its  payment  otherwise. 

The  interest  is  payable  semi-annually,  to-wit:  on 
the  second  days  of  January  and  July  in  each  year 
hereafter,  upon  presentation  of  the  coupons  there- 
for, the  first  of  which  coupons  is,  however,  for  the 
interest  from  date  to  the  next  following  second 
day. 

The  principal  hereof  may  be  paid  at  any  time, 
upon  notice  of  such  redemption  having  been  pub- 
lished by  the  treasurer  of  said  county,  once  in  some 
newspaper  of  general  circulation,  published  in  said 
county,  and  interest  on  all  unpaid  principal  sums 
covered  by  such  notice  shall  cease  one  month  after 
such  publication. 

At  said  county  of ,  the day 

of  . 1  in  the  year  one  thousand  nine  hun- 
dred and 


Insert  title  of  presiding  officer  of  the  board  of  su- 
pervisors. 

Treasurer  of  the  (name  of  county). 

Said  bonds  shall  be  signed  by  the  presiding  offi- 
cer of  the  board  of  supervisors  and  the  treasurer  of 
the  county,  and  so  signed  shall  be  binding  accord- 
ing to  the  term  thereof  as  prescribed  in  said  form. 
The  interest  coupon  shall  be  in  form  as  said  treas- 
urer may  devise,  subject  to  the  provisions  of  this 
act,  and  the  determinations  made  by  the  board  of 
supervisors,  and  their  signatures  by  him  shall  be 
sufficient.  Said  bonds  shall  be  delivered  by  said 
treasurer  to  said  contractor  or  to  his  order,  as- 
signee or  lawful  representative. 

The  board  of  supervisors  is  hereby  vested  with 
power  to  determine  the  number  of  years,  not  to 
exceed  twenty,  within  which  the  aggregate  princi- 
pal of  bonds  to  be  issued  under  this  act  shall  be 


230  EOAD  LAWS. 

paid  and  discharged,  and  to  fix  the  rate  of  interest, 
not  to  exceed  seven  per  centum  per  annum,  to  be 
paid  thereon,  and  it  shall  be  a  sufncient  determin- 
ation and  fixing  of  the  same  to  set  forth  in  the 
resolution  of  intention  that  bonds  will  issue  for  the 
work  in  any  terms  that  will  fairly  indicate  such 
time  and  such  rate  and  the  fractional  part  of  the 
principal  to  be  paid  each  year,  which  part  shall  be 
the  same  for  each  of  the  years  covered  by  the 
bond  issue. 

The  interest  payments  on  said  bonds  shall  be 
payable  semi-annually  on  the  second  days  of  Jan 
uary  and  July,  and  interest  and  principal  at  the 
office  of  the  county  treasurer,  and  as  prescribed 
aforesaid  for  said  bonds,  in  gold  coin  of  the  United 
States  of  America,  and  the  whole  or  any  part  of 
such  bonds  redeemed  upon  notice  as  indicated  in 
the  form  of  said  bonds  hereinbefore  set  forth;  but 
it  shall  not  be  necessary  either  in  the  resolution  of 
intention  or  otherwise  to  set  forth  or  determine  the 
days  of  the  month  on  which  payments  of  interest 
are  to  be  made,  nor  that  payments  shall  be  made  in 
such  gold  coin,  nor  that  payments  shall  be  at  such 
treasurer's  oflice,  nor  that  such  bonds  are  redeem- 
able in  the  manner  indicated  in  such  form  for  said 
bonds  hereinbefore  set  forth;  but  all  persons  are 
charged  with  notice  of  the  contents  of  this  section, 
especially  in  the  aforesaid  particulars. 

Sec.  13.    A  special  fund  to  be  named  "Road  Dis- 
trict  Improvement  Fund   No.   "    (the   number 

to  be  that  of  the  district)  for  the  discharge  and 
payment  of  such  bonds  and  the  interest  thereon 
shall  be  constituted  as  follows,  to  wit:  There  shall 
be  each  year,  at  the  time  of  the  levy  of  the  gen- 
eral levy  of  state  and  county  taxes,  to  be  levied 
against  and  upon  all  the  land  within  said  Eoad  Im- 
provement District  No.  (being  the  district 

established  and  as  bounded  in  the  order  ordering 
the  work  to  be  done)  a  special  assessment  tax  in 


ROAD  LAWS.  231 

an  amount  clearly  sufficient,  together  with  any 
moneys  which  are  or  may  be  in  said  fund,  to  pay 
all  the  principal  which  has  or  will  become  due  and 
all  interest  which  has  or  will  become  payable,  on 
said  bonds,  before  the  proceeds  of  another  tax  levy 
at  the  time  of  the  general  tax  levy  for  state  and 
county  purposes  can  be  made  available  for  the  pay- 
ment of  such  bonds. 

The  board  of  supervisors  shall,  from  the  general 
road  funds  of  the  county  transfer  to  said  "Road 

District     Improvement    Fund    No.    "    such 

amount  as,  in  the  judgment  of  said  board,  is  a 
fair  proportion  of  the  general  road  fund  of  the 
supervisorial  district  in  which  said  Road  Improve- 
ment District  No. is  situated. 

In  any  event  it  shall  be  the  duty  of  the  board 
of  supervisors  to  levy  a  sufficient  special  assess- 
ment tax  upon  all  the  land  within  said  Road  Im- 
provement District  No.  ,  to  maintain  such 

Road  District  Improvement  Fund  No.  suffi- 
cient to  pay  the  principal  and  interest  of  said 
bonds  as  the  same  shall  become  payable.  And  the 
board  of  supervisors  is  hereby  vested  with  power 
to  do  all  and  singular  the  things  which  in  this  sec- 
tion aforesaid  it  is  declared  shall  be  done. 

Sec.  14.  The  board  of  supervisors  is  hereby  vest- 
ed with  power  as  follows,  to-wit: 

1.  To  appoint,  at  any  stage  of  the  proceeding 
before  calling  for  proposals  or  bids,  any  competent 
person,  to  be  designated  "engineer  of  work/'  for 
the  purpose  of  doing  and  furnishing  all  the  civil 
engineering  work  or  services,  surveying,  and  simi- 
lar work  and  services  necessary  to  the  proper  do- 
ing of  the  work.  His  compensation  or  at  least  the 
rate  or  some  basis  for  computing  the  same  shall 
be  fixed  and  stated  in  the  order  of  his  appointment, 
which  said  order  shall  be  entered  in  the  minutes 
of  the  board. 


232  EOAD  LAWS. 

2.  To  appoint,  in  and  as  a  part  of  the  resolu- 
tion of  intention,  any  competent  person  to  be  des- 
ignated "superintendent  of  work/'  whose  duty  it 
shall  be  to  perform  the  services  for  him  in  this  act 
prescribed  or  indicated,  and  for  the  general  actual 
supervision   of    the  work.     His   compensation   shall 
be  fixed  at  the  time   and  in  the  resolution  of  his 
appointment  at  a  per  diem  not  to  exceed  five  dollars 
for  all  time  actually .  devoted  to  the  work. 

3.  To   designate   any  competent  person  for   the 
purpose  of  preparing  and  furnishing  the  specifica- 
tions required  by  section  2  of  this  act,  and  with 
such  designation  to  fix  his  compensation,  or  some 
basis  for  computing  the  same. 

4.  To    appoint    and    designate    other    competent 
persons   in  the  places   respectively  of  the   persons 
so  originally  appointed,  with  compensation,  so  far 
as   practicable,   proportionately   the   same    as   fixed 
for  the  original  appointee. 

No  part  of  such  or  any  compensation  for  said 
officers  or  employees,  or  for  services  rendered  by 
any  of  them  shall  be  a  charge  against  the  county 
or  any  officer  thereof,  except  that  for  furnishing 
specifications  and  posting  the  resolution  of  inten- 
tion the  county  shall  be  liable  in  case  the  proceed- 
ings cease  or  are  abandoned,  before  the  award  of 
the  contract. 

No  member  of  the  board  of  supervisors  shall  be 
eligible  to  appointment  to  any  office,  position  or 
employment  under  this  act.  [Became  a  law,  under 
constitutional  provision,  without  Governor's  ap- 
proval, March  27,  1911.] 

Sec.  15.  All  the  costs  and  expenses  of  the  pro- 
ceeding, inclusive  especially  of  the  compensation  of 
the  person  appointed  to  furnish  the  specifications, 
of  the  superintendent  of  work,  of  the  engineer  of 
work,  of  the  cost  of  all  publications  under  this  act 
required  to  be  made,  shall  be  chargeable  to  and 


EOAD  LAWS.  233 

paid  by  the  contractor,  and  they  shall  have  been 
paid  before  delivery  of  the  bonds  shall  be  made  by 
the  county  treasurer;  provided,  however,  that  the 
county  treasurer  may  make  delivery  of  such  bonds, 
if  there  be  deposited  with  him,  subject  to  the  order 
of  the  board  of  supervisors,  money  to  the  amount 
of  the  costs  and  expenses  chargeable  to  the  con- 
tractor as  the  same  is  stated  in  the  attested  order 
of  the  board  of  supervisors,  provided  for  in  section 
12  of  this  act.  The  contractor  and  all  persons 
claiming  under  him  any  interest  in  said  bonds, 
whether  of  ownership,  lien  or  otherwise,  shall  be 
deemed  to  have  notice  of  the  contents  of  this  sec- 
tion. 

Sec.  16.  If  publication  in  the  newspaper  desig- 
nated in  the  resolution  of  intention  become  impos- 
sible for  the  reason  that  such  newspaper  has  ceased 
to  be  published  or  for  any  like  reason,  which  ren- 
ders publication  therein  impossible,  the  board  of 
supervisors  may,  by  a  resolution  to  be  entered  in 
its  minutes,  and  stating  the  facts,  designate  an- 
other newspaper  for  each  required  publication  as 
occasion  therefor  arises. 

Sec.  17.  All  papers  in  a  proceeding  under  this 
act  (save  such  as  thereunder,  may  be  returnable  to 
owners)  shall  be  filed  with  the  clerk  of  the  board 
of  supervisors,  and  by  him  kept  together  in  a  pack- 
age appropriately  labeled.  Whenever  in  this  act 
the  term  "  clerk  of  the  board  of  supervisors "  is 
employed,  it  shall  be  deemed  to  include  one  who 
is,  ex-offieio,  such,  and  it  shall  be  immaterial  that 
he  designate  himself  as  county  clerk  where  the 
county  clerk  is  ex-officio  clerk  of  the  board  of  super- 
visors, nor  shall  it  be  material  that  his  act  be  by 
deputy. 

Sec.  18.  This  act  shall  be  known  as  the  "Boad 
District  Improvement  Act  of  1907, ' ;  and  by  such  des- 
ignation shall  be  sufficiently  identified  in  any  pro- 
ceeding thereunder,  and  whenever  in  the  resolution 


234  EOAD  LAWS. 

of  intention  it  shall  be  set  forth  or  recited  that  the 
proceeding  is  under  the  "Boad  District  Improve- 
ment Act  of  1907,"  this  act  shall  be  construed  as 
the  paramount  statute  for  such  proceeding,  inde- 
pendently of,  and  alternatively  for,  other  statutes 
for  the  improvement  of  public  ways  not  within  in- 
corporated cities  and  towns. 

An  act  to  regulate  the  operation  of  motor  vehicles 
on  public  highways,  and  making  an  appropria- 
tion for  the  purpose  of  carrying  out  the  objects 
of  this  act. 

[Approved  March   22,   1905;   Stats.   1905,  p.   816. 
Amended  March  23,  1907;  Stats.  1907,  p.  914.] 

§  1.     Sub.  1.  Terms    defined. 

§  2.     Sub.  1.  Owner  to  file  statement. 

2.  Registration  of  vehicle. 

3.  Registration  seal. 

4.  If  vehicle   has   been   previously   regis- 

tered. 

5.  Number  to  be  displayed  on  vehicle. 

6.  Each  style  to  be  registered. 

7.  Fictitious   seal   or  number. 

8.  Vehicle    not    to    be    operated    without 

seal. 

9.  Not    applicable    to    vehicles    of    non- 

residents. 

§  3.     Sub.  1.  Rate  of  speed. 

2.  Approaching  or  crossing  bridge,  etc. 

3.  Warning  of  approach  to  be  given. 

4.  When   ought   to   be   brought   to    stop. 

5.  In   case   of  accident. 

6.  Highway   may  be  set  aside   for  speed 

tests. 

§  4.     Sub.  1.     Duty    of    operator    on    meeting    team, 
etc. 

2.  Brakes   and     horn     to     be     provided. 

Lamps. 

3.  Local    ordinances    not    to    be    passed. 

Speed   regulations.      Signs   on   public 
streets. 

4.  Rate   of  speed  in  public  parks. 

5.  Civil  suits  for  injuries. 

§  5.     Sub.  1.  Chauffeur,  statement  filed  by. 

2.  Registration  of  chauffeur. 

3.  Registration  seal  of. 

4.  Seal  not  to  be  worn  by  another. 


KOAD  LAWS.  235 

§  6.  Violation  of  act  a  misdemeanor. 

§  7.  Fees  received  by  Secretary  of  State, 

disposition  of. 

§  8.  Appropriation. 

§  8a  Employees  of  motor  vehicle  depart- 

ment. 

Section  1.  Subdivision  1.  The  words  and  phrases 
used  in  this  act  shall,  for  the  purposes  of  this  act, 
unless  the  same  be  contrary  to  or  inconsistent  with 
the  context,  be  construed  as  follows:  (1)  " motor 
vehicle"  shall  include  all  vehicles  propelled  by  any 
power  other  than  muscular  power,  provided  that 
nothing  herein  contained  shall,  except  the  provisions 
of  subdivisions  three,  four  and  five  of  section  three 
and  subdivision  one  of  section  four  of  this  act, 
apply  to  motorcycles,  motor  bicycles,  traction  en- 
gines or  road  rollers;  (2)  "public  highways "  shall 
include  any  highway,  county  road,  state  road,  public 
street,  avenue,  alley,  park,  parkway,  driveway  or 
public  place  in  any  county,  or  incorporated  city  and 
county,  city  or  town;  (3)  "closely  built  up"  shall 
mean  (a)  the  territory  of  any  county  or  incor- 
porated city  and  county,  city  or  town  contiguous  to 
a  public  highway  which  is  at  that  point  built  up 
with  structures  devoted  to  business,  (b)  the  terri- 
tory of  any  county  or  incorporated  city  and  county, 
city  or  town  contiguous  to  a  public  highway  not 
devoted  to  business,  where  for  not  less  than  one 
quarter  of  a  mile  the  dwelling  houses  on  such  high- 
way average  less  than  one  hundred  feet  apart,  pro- 
vided that  the  local  authorities  having  charge  of 
such  highway  shall  have  placed  conspicuously  there- 
on at  both  ends  of  such  closely  built  up  section  signs 
of  sufficient  size  to  be  easily  readable  by  a  person 
using  the  highway,  bearing  the  words  "Slow  down 
to miles  "  inserting  in  the  blank  space  the  num- 
ber of  miles  to  which  the  speed  is  to  be  reduced,  and 
also  an  arrow  pointing  in  the  direction  where  the 
speed  is  to  be  reduced;  (4)  "local  authorities "  shall 
include  all  boards  of  supervisors,  trustees  or  coun- 
cils, committees  and  other  public  officials  of  coun- 


236  EOAD  LAWS. 

ties,  or  incorporated  cities  and  counties,  cities  or 
towns;  "chauffeur"  shall  mean  any  person  operat- 
ing a  motor  vehicle  as  mechanic,  employee  or  for 
hire. 

Sec.  2,  Subdivision  1.  Every  owner  of  a  motor 
vehicle  shall,  for  every  such  vehicle  owned  by  him, 
file  in  the  office  of  the  secretary  of  state  a  state- 
ment of  his  name  and  address,  with  a  brief  de- 
scription of  the  vehicle  to  be  registered,  including 
the  name  of  the  maker,  factory  number,  style  of 
vehicle  and  motor  power,  on  a  blank  to  be  pre- 
pared and  furnished  by  such  secretary  of  state  for 
that  purpose.  The  filing  fee  shall  be  two  dollars. 

Subdivision  2.  The  secretary  of  state  shall  there- 
upon file  such  statement  in  his  office,  register  such 
motor  vehicle  in  a  book  or  index  kept  for  the  pur- 
pose, and  assign  it  a  distinctive  number. 

Subdivision  3.  The  secretary  of  state  shall  forth- 
with on  such  registration,  and  without  other  fee, 
issue  and  deliver  to  the  owner  of  such  motor  vehi- 
cle a  seal  of  aluminum  or  other  suitable  metal, 
which  shall  be  circular  in  form,  approximately  two 
inches  in  diameter,  and  have  stamped  thereon  the 

words   ".Registered  motor  vehicle,  No.  ,  State 

of  California,"  with  the  registration  number  in- 
serted therein;  which  seal  shall  thereafter  at  all 
times  be  conspicuously  displayed  on  the  motor  vehi- 
cle, to  which  such  number  has  been  assigned. 

Subdivision  4.  If  the  vehicle  has  been  previous- 
ly registered,  the  certificate  issued  thereon  shall  be 
returned  to  the  secretary  of  state,  and  in  lieu  there- 
of such  secretary  shall  issue  to  said  owner  a  regis- 
tration seal  containing  the  number  of  such  previous 
registration  upon  payment  of  a  fee  of  one  dollar, 
Upon  the  sale  of  a  motor  vehicle,  the  vendor,  except 
a  manufacturer  or  dealer,  shall  within  ten  days  re- 
turn to  the  secretary  of  state  the  registration  seal 
affixed  to  such  vehicle. 


EOAD  LAWS.  237 

Subdivision  5.  Every  motor  vehicle  shall  also  at 
all  times  have  the  number  assigned  to  it  displayed 
on  the  back  of  such  vehicle  in  such  a  manner  as  to 
be  plainly  visible,  the  numbers  to  be  in  Arabic  nu- 
merals, black  on  white  background,  each  not  less 
than  three  inches  in  height,  and  each  stroke  to  be 
of  a  width  not  less  than  half  an  inch,  and  also  as 
a  part  of  such  number^  of  the  abbreviated  name  o£ 
the  state  in  black  on  white  ground,  such  letters  to 
be  not  less  than  one  inch  in  height. 

Subdivision  6.  A  manufacturer  of  or  dealer  in 
motor  vehicles  shall  register  one  vehicle  of  each 
style  or  type  manufactured  or  dealt  in  by  him,  and 
be  entitled  to  as  many  duplicate  registration  seals 
for  each  type  or  style  so  manufactured  or  dealt  in 
as  he  may  desire  on  payment  of  an  additional  fee 
of  fifty  cents  for  each  duplicate  seal.  If  a  registra- 
tion seal  and  the  corresponding  number  shall  there- 
after be  affixed  to  and  displayed  on  every  vehicle  of 
such  type  or  style  as  in  this  section  provided,  while 
such  vehicle  is  being  operated  on  the  public  high 
ways,  it  shall  be  deemed  a  sufficient  compliance  with 
subdivisions  one,  three,  five  and  eight  of  this  sec- 
tion, until  such  vehicle  shall  be  sold  or  let  for  hire. 
Nothing  in  this  subdivision  shall  be  construed  to 
apply  to  a  motor  vehicle  employed  by  a  manufac- 
turer or  dealer  for  private  use  or  for  hire. 

Subdivision  7.  No  motor  vehicle  shall  be  used 
or  operated  upon  the  public  highways  after  this 
act  takes  effect  which  shall  display  thereon  a  regis- 
tration seal  or  number  belonging  to  any  other  vehi- 
cle, or  a  fictitious  registration  seal  or  number. 

Subdivision  8.  No  motor  vehicle  shall  be  used  or 
operated  on  the  public  highways  after  this  act 
takes  effect,  unless  the  owner  shall  have  complied 
in  all  respects  with  this  section,  except  that  any 
person  purchasing  a  motor  vehicle  from  the  manu- 
facturer, dealer  or  other  person  after  this  act  goes 
into  effect  shall  be  allowed  to  operate  such  motor 


238  EOAD  LAWS. 

vehicle  upon  the  public  highways  for  a  period  of 
five  days  after  the  purchase  and  delivery  thereof, 
provided  that  during  such  period  such  motor  vehicle 
shall  bear  the  registration  number  and  seal  of  the 
previous  owner  under  which  it  was  operated  or 
might  have  been  operated  by  him. 

Subdivision  9.  The  provisions  of  this  section  shall 
not  apply  to  motor  vehicles  owned  by  non-residents 
of  this  state  and  only  temporarily  within  this  state, 
provided  the  owners  thereof  have  complied  with 
any  law  requiring  the  registration  of  owners  of 
motor  vehicles  in  force  in  the  state,  territory  or 
federal  district  of  their  residence,  and  the  registra- 
tion number  showing  the  initial  of  such  state,  ter- 
ritory or  federal  district  shall  be  displayed  on  such 
vehicle  substantially  as  in  this  section  provided. 
[Amendment  approved  March  23,  1907;  Stats.  1907, 
p.  914.] 

Section  3.  Subdivision  1.  No  person  shall  oper- 
ate a  motor  vehicle  on  a  public  highway  at  a  rate 
of  speed  greater  than  is  reasonable  and  proper, 
having  regard  to  the  traffic  and  use  of  the  high- 
way, or  so  as  to  endanger  the  life  or  limb  of  any 
person,  or  the  safety  of  any  property;  or  in  any 
event  on  any  public  highway  where  the  territory 
contiguous  thereto  is  closely  built  up,  at  a  greater 
rate  than  one  mile  in  six  minutes,  or  elsewhere  in 
any  incorporated  city  and  county,  city  or  town  at 
a  greater  rate  than  one  mile  in  four  minutes,  or 
elsewhere  outside  of  any  incorporated  city  and 
county,  city  or  town,  at  a  greater  rate  than  one 
mile  in  three  minutes;  subject,  however,  to  the 
other  provisions  of  this  act. 

Subdivision  2.  Upon  approaching  a  bridge,  dam, 
sharp  curve,  or  steep  descent,  and  also  in  traversing 
such  bridge,  dam,  curve  or  descent,  a  person  oper- 
ating a  motor  vehicle  shall  have  it  under  control 
and  operate  it  at  a  rate  of  speed  not  exceeding 
one  mile  in  fifteen  minutes,  and  upon  approaching 


EOAD  LAWS.  239 

a  crossing  of  intersecting  highways  at  a  speed  not 
greater  than  is  reasonable  and  proper,  having  re- 
gard to  the  traffic  then  on  such  highway  and  the 
safety  of  the  public. 

Subdivision  3.  Upon  approaching  a  person  walk- 
ing in  the  roadway  of  a  public  highway,  or  a  horse 
or  horses,  or  other  live  stock,  being  ridden,  led  or 
driven  thereon,  a  person  operating  a  motor  vehicle 
shall  give  reasonable  warning  of  its  approach,  and 
use  every  reasonable  precaution  to  insure  the  safety 
of  such  person  or  animal,  and,  in  the  case  of  horses 
or  other  live  stock,  to  prevent  frightening  the 
same. 

Subdivision  4.  A  person  operating  a  motor  vehi- 
cle shall,  at  request  or  on  signal  by  putting  up  the 
hand,  from  a  person  riding,  leading  or  driving  a 
restive  horse  or  horses,  or  other  live  stock,  bring 
such  motor  vehicle  immediately  to  a  stop,  and,  if 
traveling  in  the  opposite  direction,  remain  station- 
ary so  long  as  may  be  reasonable  to  allow  such 
horse  or  animal  to  pass,  and,  if  traveling  in  the 
same  direction,  use  reasonable  caution  in  thereafter 
passing  such  horse  or  animal;  provided,  that,  in 
case  such  horse  or  animal  appears  badly  frightened 
or  the  person  operating  such  motor  vehicle  is  re- 
quested to  do  so,  such  person  shall  cause  the  motor 
of  such  vehicle  to  cease  running  so  long  as  shall  be 
reasonably  necessary  to  prevent  accident  and  insure 
safety  to  others. 

Subdivision  5.  In  case  of  accident  or  injury  to 
a  person  or  property  on  the  public  highways,  due 
to  the  operation  thereon  of  a  motor  vehicle,  the 
person  operating  such  vehicle  shall  stop,  and,  upon 
request  of  a  person  injured,  or  any  person  present, 
give  such  person  his  name  and  address,  and,  if  not 
the  owner,  the  name  and  address  of  such  owner. 

Subdivision  6.  Local  authorities  may,  notwith- 
standing the  other  provisions  of  this  section,  set 


240  ROAD  LAWS. 

aside  for  a  given  time  a  specified  public  highway 
for  speed  tests  or  races,  to  be  conducted  under 
proper  restrictions  for  the  safety  of  the  public. 
[Amendments  approved  March  23,  1907;  Stats.  1907, 
p.  914.] 

Sec.  4.  Subdivision  1.  Whenever  a  person  oper- 
ating a  motor  vehicle  shall  meet  on  a  public  high- 
way any  other  person  riding  or  driving  a  horse  or 
horses  or  other  live  stock,  or  any  other  vehicles, 
the  person  so  operating  such  motor  vehicle  shall 
reasonably  turn  the  same  to  the  right  of  the  center 
of  such  highway  so  as  to  pass  without  interfer- 
ence. Any  such  person  so  operating  a  motor  vehicle, 
shall,  on  overtaking  any  such  horse,  live  stock 
or  other  vehicle,  pass  on  the  left  side  thereof, 
and  the  rider  or  driver  of  such  horse,  live  stock 
or  other  vehicle  shall,  as  soon  as  practicable, 
turn  to  the  right  so  as  to  allow  free  passage 
on  the  left.  Any  such  person  so  operating  a 
motor  vehicle  shall,  at  the  intersection  of  public 
highways,  keep  to  the  right  of  the  intersection  of 
the  centers  of  such  highways  when  turning  to  the 
right  and  pass  to  the  right  of  such  intersection 
when  turning  to  the  left.  Nothing  in  this  subdivi- 
sion shall,  however,  be  construed  as  limiting  the 
meaning  or  effect  of  the  provisions  of  section  three 
of  this  act. 

Subdivision  2.  Every  motor  vehicle,  while  in  use 
on  a  public  highway,  shall  be  provided  with  good 
and  enicient  brakes,  and  also  with  suitable  belL 
horn  or  other  signal,  and  be  so  constructed  as  to 
exhibit,  during  the  period  from  one  hour  after  sun 
set  to  one  hour  before  sunrise,  two  lamps  showing 
white  lights  visible  within  a  reasonable  distance  in 
the  direction  towards  which  such  vehicle  is  proceed- 
ing, showing  the  registered  number  of  the  vehicle 
in  separate  Arabic  numerals,  not  less  than  one  inch 
in  height  and  each  stroke  to  be  not  less  than  one 


EOAD  LAWS.  241 

quarter  of  an  inch  in  width,  and  also  a  red  light 
visible  in  the  reverse  direction. 

Subdivision  3.  Subject  to  the  provisions  of  this 
act,  local  authorities  shall  have  no  power  to  pass, 
enforce  or  maintain  any  ordinance,  rule  or  regula- 
tion requiring  of  any  owner  or  operator  of  a  motor 
vehicle  aisy  license  or  permit  to  use  the  public  high- 
ways, or  excluding  or  prohibiting  any  motor  vehicle 
whose  owner  has  complied  with  section  two  of  this 
act  from  the  free  use  of  such  highways,  except  such 
driveway,  speedway  or  road  as  has  been  or  may  be 
expressly  set  apart  by  law  for  the  exclusive  use  of 
horses  and  light  carriages,  or  except  as  herein  pro- 
vided, in  any  way  affecting  the  registration  or  num- 
bering of  motor  vehicles  or  prescribing  a  slower  rate 
of  speed  than  herein  specified  at  which  such  vehi- 
cles may  be  operated,  or  the  use  of  the  public  high- 
ways, contrary  or  inconsistent  with  the  provisions 
of  this  act;  and  all  such  ordinances,  rules  or  regula- 
tions now  in  force  are  hereby  declared  to  be  of  no 
validity  or  effect;  provided,  however,  that  the  local 
authorities  of  incorporated  cities  and  counties,  cities 
and  towns  may  limit  by  ordinance,  rule  or  regula- 
tion hereafter  adopted  the  speed  of  motor  vehicles 
on  the  public  highways,  on  condition  that  such  ordi- 
nance, rule  or  regulation  shall  also  fix  the  same 
speed  limitation  for  all  other  vehicles,  such  speed 
limitation  not  to  be  in  any  case  less  than  one  mile 
in  six  minutes,  and  on  further  condition  that  such 
incorporated  city  and  county,  city  or  town,  shall  also 
have  placed  conspicuously  on  each  main  public  high- 
way where  the  boundary  of  such  municipality 
crosses  the  same,  and  on  every  main  highway  where 
the  rate  of  speed  changes  signs  of  sufficient  size  to 
be  easily  readable  by  persons  using  the  highway, 

bearing  the  words  "slow  down  to  miles'7  (the 

rate  being  inserted),  and  also  an  arrow  pointing  in 
the  direction  where  the  speed  is  to  be  reduced  or 
changed,  and  also  on  further  condition  that  such 


242  EOAD  LAWS. 

ordinance,  rule  or  regulation  shall  fix  the  penalties 
for  violation  thereof  similar  to  and  no  greater  than 
those  fixed  by  such  local  authorities  for  violation 
of  speed  limitation  by  any  other  vehicles  than  motor 
vehicles,  which  penalties  shall  during  the  existence 
of  the  ordinance,  rule  or  regulation  supersede  those 
specified  in  section  six  of  this  act,  and  provided 
further  that  nothing  in  this  act  contained  shall  be 
construed  as  limiting  the  power  of  local  authorities 
to  make,  enforce  and  maintain  further  ordinances, 
rules  or  regulations,  affecting  motor  vehicles  which 
are  offered  to  the  public  for  hire. 

Subdivision  4.  Local  authorities  may,  notwith- 
standing the  provisions  of  this  act,  make,  enforce 
and  maintain  such  reasonable  ordinances,  rules  or 
regulations  concerning  the  speed  at  which  motor 
vehicles  may  be  operated  in  any  public  park  or 
parkways,  but  in  that  event,  must  be  signs  at  each 
entrance  of  such  park  and  along  such  parkway,  con- 
spicuously indicate  the  rate  of  speed  permitted  or 
required,  and  may  exclude  motor  vehicles  from  any 
cemetery  or  grounds  used  for  burial  of  the  dead. 

Subdivision  5.  Nothing  in  this  act  shall  be  con- 
strued to  curtail  or  abridge  the  right  of  any  person 
to  prosecute  a  civil  suit  for  damages  by  reason  of 
injuries  to  person  or  property  resulting  from  the 
negligent  use  of  the  highways  by  a  motor  vehicle 
or  its  owner  or  his  employee  or  agent.  [Amend- 
ment approved  March  23,  1907;  Stats.  1907,  p.  914.] 

Sec.  5.  Subdivision  1.  Every  person  hereafter 
desiring  to  operate  a  motor  vehicle  as  a  chauffeur 
shall  file  in  the  office  of  the  secretary  of  state,  on 
a  blank  to  be  supplied  by  such  secretary,  a  state- 
ment which  shall  include  his  name  and  address  and 
the  trade  name  and  motive  power  of  the  motor 
vehicle  or  vehicles  he  is  able  to  operate,  and  shall 
pay  a  registration  fee  of  two  dollars. 

Subdivision  2.  The  secretary  of  state  shall  there- 
upon file  such  statement  in  his  office,  register  such 


EOAD  LAWS.  243 

chauffeur  in  a  book  or  index  to  be  kept  for  that 
purpose,  and  assign  him  a  number. 

Subdivision  3.  The  secretary  of  state  shall  forth- 
with, upon  such  registration  and  without  other  fee, 
insure  and  deliver  to  such  chauffeur  a  badge  of 
aluminum  or  other  suitable  metal  which  shall  be 
oval  in  form,  and  the  greater  diameter  of  which 
shall  not  be  more  than  two  inches,  and  such  badge 
shall  have  stamped  thereon  the  words:  l Registered 

chauffeur,  No ,  State  of  California/7  with  the 

registration  number  inserted  therein;  which  badge 
shall  thereafter  be  worn  by  such  chauffeur  pinned 
upon  his  clothing  in  a  conspicuous  place  at  all 
times  while  he  is  operating  a  motor  vehicle  upon 
the  public  highways. 

Subdivision  4.  No  chauffeur,  having  registered  as 
herein  provided,  shall  voluntarily  permit  any  other 
person  to  wear  his  badge,  nor  shall  any  person 
while  operating  a  motor  vehicle  wear  any  badge 
belonging  to  another  person,  or  a  fictitious  badge. 

Subdivision  5.  No  person  shall  operate  a  motor 
vehicle  as  a  chauffeur  upon  the  public  highways 
after  thirty  days  after  this  act  takes  effect,  unless 
such  person  shall  have  complied  in  all  respects  with 
the  requirements  of  this  section. 

Sec.  6.  Any  person  violating  any  of  the  provis- 
ions of  this  act  shall  be  deemed  guilty  of  a  misde- 
meanor, and  upon  conviction  thereof  shall  be  punish- 
able by  a  fine  not  exceeding  one  hundred  dollars  or 
by  imprisonment  not  exceeding  thirty  days,  or  both, 
for  the  first  offense;  and  punishable  by  a  fine  of  not 
less  than  fifty  dollars  nor  more  than  one  hundred 
dollars,  or  imprisonment  not  exceeding  thirty  days, 
or  both,  for  a  second  offense;  and  punishable  by  a 
fine  of  not  less  than  one  hundred  dollars  nor  more 
than  two  hundred  and  fifty  dollars,  or  imprison- 
ment not  exceeding  thirty  days,  or  both,  for  a  third 
or  subsequent  offense.  [Amendment  approved 
March  23,  1907;  Stats.  1907,  p.  914.] 


244  EOAD  LAWS. 

Sec.  7.  The  amount  of  fees  received  by  the  sec- 
retary of  state,  as  in  this  act  provided,  shall  be 
paid  into  the  state  treasury,  to  be  paid  into  the 
general  fund  of  the  state. 

Sec.  8.  There  is  hereby  appropriated  out  of  any 
money  in  the  state  treasury  not  otherwise  appro- 
priated, the  sum  of  twenty  thousand  dollars 
($20,000.00),  for  the  purpose  of  carrying  out  the 
objects  of  this  act,  to  be  used  by  the  secretary  of 
state  in  the  employment  of  the  necessary  clerk  or 
clerks;  the  purchase  of  the  necessary  stationery, 
books,  and  postage;  for  the  necessary  incidental 
expenses;  for  the  purchase  of  the  necessary  seals 
and  badges;  for  printing,  ruling,  binding,  and  all 
other  work  performed  and  materials  used  by  the 
state  printing  office,  to  be  used  during  the  balance 
of  the  fifty-sixth,  and  during  the  fifty-seventh  and 
fifty-eighth  fiscal  years.  The  state  controller  is 
hereby  directed  to  draw  his  warrant  for  any  claim 
against  said  sum,  the  same  having  been  approved 
by  the  state  board  of  examiners,  and  the  state 
treasurer  is  hereby  directed  to  pay  the  same. 

Sec.  8a.  For  the  purpose  of  carrying  out  the 
purposes  of  this  act,  and  the  act  of  which  this  act 
is  amendatory,  the  secretary  of  state  may  appoint  a 
chief  clerk  and  cashier  of  the  motor  vehicle  depart- 
ment, in  the  office  of  the  secretary  of  state,  and  one 
other  clerk.  [New  section  approved  March  23, 
1907;  Stats.  1907,  p.  914.] 

Sec.  9.  All  acts  and  parts  of  acts  inconsistent 
herewith  or  contrary  hereto,  are,  so  far  as  they  are 
inconsistent  or  contrary,  hereby  repealed. 

Sec.  10.  This  action  shall  take  effect  immedi- 
ately. 

An  act  to  enable  adjoining  counties  to  enter  into 
agreements  for  the  construction,  rebuilding,  re- 
placing, or  relocation  of  bridges  over  navigable 


EOAD  LAWS.  245 

waters  between  said  counties,  jointly  with  other 

persons  or  corporations. 

[Approved  March  23,  1907;  Stats.  1907,  p.  982.] 

Section  1.  In  case  it  shall  appear  to  the  boards 
of  supervisors  of  two  adjoining  counties  that  any 
bridge  shall  be  necessary  for  highway  purposes,  over 
any  navigable  river,  stream,  or  inlet  of  the  sea,  be- 
tween said  counties,  or  if  any  bridge  existing  there- 
over and  used  wholly  or  in  part  for  highway  pur- 
poses (whether  the  same  is  owned  by  said  counties 
or  either  of  them,  or  used  by  them  or  either  of  them 
by  agreement  with  the  owner  thereof),  shall,  in  the 
interests  of  commerce,  or  by  reason  of  such  bridge 
being  out  of  repair  or  deteriorated  beyond  reason- 
able repair,  require  reconstruction,  or  rebuilding,  or 
replacing  by  a  new  structure,  or  its  location  to  be 
changed  to  such  place  on  such  navigable  river, 
stream,  or  inlet  of  the  sea,  as  may  be  better  suited 
to  its  use,  or  to  the  use  of  such  navigable  water,  or 
may  tend  to  prevent  obstruction  to  commerce  there- 
on, the  boards  of  supervisors  of  such  counties  may, 
in  their  discretion,  enter  into  an  agreement  with 
any  person  or  corporation  for  the  building  of  a  joint 
bridge,  or  the  reconstruction,  or  rebuilding,  or  re- 
placing by  a  new  structure  of  such  existing  bridge, 
or  the  rebuilding  thereof  at  another  location,  and 
the  joint  use  of  the  same  thereafter  by  such  person 
or  corporation,  and  said  counties  or  the  public,  and 
for  apportioning  the  expense  of  such  joint  recon- 
structed or  relocated  bridge  between  said  counties 
and  each  of  them  and  such  person  or  corporation 
jointly  using  or  to  use  the  same,  and  to  provide  for 
the  construction  and  use  thereof  in  such  manner 
and  upon  such  terms  and  conditions  as  may  be 
agreed  upon  between  such  counties  and  such  person 
or  corporation.  In  such  case  none  of  the  provisions 
of  subdivision  4  of  section  25  of  an  act  entitled 
"An  act  to  establish  a  uniform  system  of  county 
and  township  government/'  approved  April  1,  1897, 


246  KOAD  LAWS. 

shall  be  applicable  thereto;  provided,  that  in  no 
event  shall  either  county  agree  to  contribute  more 
than  one-third  of  the  cost  of  construction,  recon- 
struction, relocation,  or  repair  of  any  such  joint 
bridge. 

Sec.  2.    This  act  shall  take  effect  immediately. 

[Note.— See  also  act  of  February  25,  1897,  p.  135, 
ante.] 

An  Act  to  provide  for  the  protection  and  preserva- 
tion of  shade  and  ornamental  trees  growing  and 
to  be  grown  upon  the  roads,  highways,  grounds 
and  property  within  the  State  of  California; 
and  for  the  planting,  care,  protection  and  pres- 
ervation of  shade  and  ornamental  trees,  hedges, 
lawns,  shrubs  and  flowers  growing  and  to  be 
grown  in  and  upon  such  roads,  highways, 
grounds  and  property;  and  to  create  county 
boards  of  forestry  for  such  purposes;  and  to 
prescribe  the  duties  and  powers  of  such  boards; 
and  to  authorize  such  boards  to  appoint  county 
foresters;  and  to  prescribe  the  duties  and  fix 
the  compensation  of  county  forester,  and  to 
empower  such  boards  to  enforce  all  laws  and 
adopt  and  enforce  any  and  all  lawful  and  rea- 
sonable rules  for  the  protection,  planting, 
regulation,  preservation,  care  and  control  of 
such  shade  and  ornamental  trees,  hedges,  lawns, 
shrubs  and  flowers. 

[Approved  April  28,  1909;  Stats.  1909,  p.  1129.] 

1.  County  Board  of  Forestry. 

2.  Appointment. 

3.  Term  of  office. 

4.  Organization. 

5.  Appointment  of  Forester. 

6.  Power  and  duty  of. 

7.  Power  of  Board. 

8.  Control  of  trees. 

9.  Violation. 

§10.    Moneys    received    as?    penalties. 
§11.    Provision  for   expenses. 


KOAD  LAWS.  247 

Section  1.  The  board  of  supervisors  in  each  and 
every  county  or  city  and  county  of  the  State  of 
California  may,  in  its  discretion,  appoint  a  county 
board  of  forestry,  who  shall  serve  without  compen- 
sation, and  who  shall  have  exclusive  charge  and 
control  of  all  shade  and  ornamental  trees,  hedges, 
lawns,  shrubs  and  flowers  growing  or  to  be  grown 
upon  the  public  roads,  highways,  grounds  and  prop- 
erty within  its  respective  county. 

Sec.  2.  Whenever  the  board  of  supervisors  of 
any  county  or  city  and  county  in  this  state  shall, 
by  resolution  or  ordinance,  elect  to  avail  itself  of 
the  provisions  of  this  act,  such  board  shall,  within 
two  months  thereafter,  appoint  five  suitable  and 
competent  persons,  one  from  each  supervisorial  dis- 
trict of  such  county  or  city  and  county,  as  a  county 
board  of  forestry  in  and  for  such  county,  who  shall 
serve  as  such  without  compensation. 

Sec.  3.  The  term  of  office  of  such  county  board 
of  forestry  shall  be  four  years;  provided,  however, 
that  the  persons  first  appointed  shall  so  classify 
themselves  by  lot  that  two  of  their  number  shall  re- 
tire from  office  at  the  end  of  two  years,  two  at 
the  end  of  three  years  and  one  at  the  end  of  four 
years.  If  any  vacancy  occurs  in  the  office,  such 
vacancy  shall  be  filled,  for  the  unexpired  term,  by 
the  board  of  supervisors. 

Sec.  4.  Within  ten  days  after  notice  of  their 
appointment,  the  members  of  said  county  board  of 
forestry  shall  organize  by  the  election  of  one  of 
their  members  as  chairman  and  adopt  suitable  rules 
for  their  government. 

Sec.  5.  When  organized,  said  county  board  of 
forestry,  shall  appoint  a  suitable  and  competent 
person  as  county  forester  to  serve  as  such  during 
the  pleasure  of  the  board,  prescribe  his  duties  and 
fix  his  compensation,  which,  however,  shall  not  ex- 
ceed one  hundred  and  fifty  dollars  per  month. 

Sec.  6.     Such    forester,    when     appointed,    shall 


248  KOAD  LAWS. 

execute  a  bond  to  said  board,  in  the  sum  of  $1000, 
for  the  faithful  performance  of  his  duties.  He  shall 
act  as  its  secretary  and  perform  such  other  duties 
as  said  board  shall  prescribe.  Said  forester  shall 
have  power  and  it  shall  be  his  duty  to  enforce  the 
provisions  of  this  act  and  all  lawful  orders  of  said 
board  and  he  shall  be  and  hereby  is  vested  with  all 
the  powers  of  a  peace  officer  to  make  arrests  for  the 
violation  of  any  of  the  provisions  of  this  act. 

Sec.  7.  Every  county  board  of  forestry  appointed 
under  the  provisions  of  this  act  shall,  within  their 
respective  counties,  have  exclusive  power  over  and 
jurisdiction  to  decide  upon  the  variety,  kind  and 
character  of  trees,  hedges  and  shrubs  that  shall  be 
planted  upon  said  roads,  highways,  grounds  and 
property;  and  to  determine  all  questions  respecting 
the  pruning,  cutting  and  removal  of  any  trees, 
hedges  and  shrubs  now  growing  and  to  grow  there- 
on and  the  necessity  therefor  and  the  extent  of  and 
the  manner  in  which  said  work  shall  be  done;  and 
to  enforce,  carry  out  and  effectuate  the  provisions 
of  this  act;  provided,  however,  that  said  board,  in 
the  exercise  of  its  powers  and  the  performance  of 
its  duties  hereunder,  shall  not  interfere  with  the 
jurisdiction  of  the  board  of  supervisors  over  the 
roads,  highways,  grounds  and  property  in  the  im- 
provement, care  and  general  control  thereof. 

Sec.  8.  It  shall  be  unlawful  for  any  person  or 
corporation  (except  said  county  board  of  forestry) 
in  any  county  or  city  and  county  where  a  county 
board  of  forestry  has  been  created  and  appointed 
under  the  provisions  of  this  act,  to  trim,  prune,  cut, 
deface,  destroy  or  remove  any  shade  or  ornamental 
tree,  hedge  or  shrub  growing  or  to  grow  upon  any 
such  road,  highway,  ground  or  property  or  to  paint, 
place,  attach  to  or  put  upon  any  such  trees,  hedges 
or  shrubs  any  sign,  notice,  advertisement  or  adver- 
tising device  without  the  consent  in  writing  of  said 
board  first  obtained,  or  to  plant  any  tree,  hedge  or 
shrub  on  any  such  road,  highway,  ground  or  prop- 
erty without  such  written  consent. 


EOAD  LAWS.  249 

Sec.  9.  Every  person  who  shall  violate  any  of 
the  provisions  of  section  5  of  this  act,  shall  be 
guilty  of  a  misdemeanor. 

Sec.  10.  All  moneys  received  as  penalties  for  the 
violation  of  the  provisions  of  this  act,  shall  be  paid 
into  the  county  treasury  to  the  credit  of  the  county 
board  of  forestry  fund,  which  fund  is  hereby  cre- 
ated, and  the  moneys  thereof  hereby  appropriated 
for  the  expenses  of  said  board  in  the  carrying  out 
of  provisions  of  this  act  and  the  policy  and  pur- 
poses herein  provided. 

Sec.  11.  Boards  of  supervisors,  whenever  the  pro- 
visions of  this  act  are  availed  of,  shall  appropriate 
money  for  the  use  of  said  county  board  of  forestry 
sufficient  to  pay  the  compensation  of  said  county 
forester  and  for  the  necessary  expenses  of  said 
county  board  of  forestry. 

Sec.  12.  All  acts  or  parts  of  acts  inconsistent 
with  the  provisions  of  this  act  are  hereby  repealed. 

Sec.  13.     This  act  shall  take  effect  immediately. 

An  Act  to  allow  unincorporated  towns  and  villages 
to  establish,  equip  and  maintain  systems  of 
street  lights  on  public  highways;  to  provide  for 
the  formation,  government  and  operation  of 
highway  lighting  districts;  the  calling  and  hold- 
ing of  elections  in  such  districts;  the  assess- 
ment, collection,  custody  and  disbursement  of 
taxes  therein;  and  the  creation  of  ex  officio 
boards  of  supervisors. 

[Approved  March  20,  1909;  Stats.  1909,  p.  551; 
amended  1911,  Stats.  1911,  chap.  260.] 

1.  Definitions. 

2.  Street  lights. 

3.  Petition  for  lighting  district. 

4.  Election    to   determine   proposition. 

5.  Conduct  of  election. 

6.  Who  entitled  to  vote. 

7.  Canvass  of  vote. 

8.  Duty   of   Supervisors. 


250  ROAD  LAWS. 

§  9.  Same. 

§10.  Evidence   of  validity. 

§11.  Supervisors    of     lighting    districts.      Duties    of 

§12.  Prior  lights,  maintenance. 

§13.  Authority  to  erect  poles. 

§14.  Estimate  for  tax  levy. 

§15.  Tax  levy. 

§16.  Disposition   of  levy. 

§17.  Designation   of  district. 

§18.  Dissolution  of  district.     Outstanding  indebted- 
ness. 

Section  1.  The  words  &nd  phrases  used  in  this 
act,  shall,  for  the  purposes  of  this  act;  unless  the 
same  be  contrary  to  or  inconsistent  with  the  con- 
text; be  construed  as  follows: 

(1)  "Public  Highways, "  shall  include  any  high- 
way, county  road,  state  road,  public  street,  avenue, 
alley,  park,  parkway,  driveway,  or  public  place,  in 
any  county,  or  unincorporated  town  or  village  dedi- 
cated to  the  public  and  generally  used  for  traffic  by 
the  public. 

(2)  "Street  Lights, "  or  "Street  Illumination/' 
shall  include  any  system  of  illumination  by  means 
of  street  lights  using  gas,  electricity,  or  other  means 
of  illuminant  deemed  feasible;  such  lights  to  be  set 
upon  poles,  or  suspended  in  the  air. 

Sec.  2.  Any  unincorporated  town  or  village  of 
this  state  may  establish  a  highway  lighting  district 
for  the  purpose  of  installing  and  maintaining  a 
system  of  street  lights  on  public  highways,  for  the 
better  protection  of  its  residents;  in  accordance 
with  the  provisions  of  this  act. 

Sec.  3.  Upon  the  application,  by  petition,  of 
twenty-five  or  more,  taxpayers  and  residents  of  said 
town  or  village,  to  the  board  of  supervisors  of  the 
county  in  which  the  said  town  or  village  is  situated, 
praying  for  the  formation  of  a  public  highway 
lighting  district,  and  setting  forth  the  boundaries  of 
the  said  proposed  district;  the  said  board  of  super- 
visors must,  within  ten  days  after  receiving  said 
petition,  by  resolution,  order  that  an  election  be 
held  in  the  said  proposed  district  for  the  determina- 
tion of  the  question,  and  shall  appoint  three  quali- 


EOAD  LAWS.  251 

fied  electors  thereof  to  conduct  said  election;  which 
must  be  held  within  forty  days  from  the  date  of  the 
order. 

Sec.  4.  Said  election  shall  be  called  by  posting 
notice  thereof  in  three  of  the  most  public  places  in 
said  proposed  lighting  district,  and  by  publication 
in  a  daily  or  weekly  paper  therein,  if  there  be  one, 
at  least  once  a  week  for  not  less  than  fifteen  days. 
Said  notices  must  specify  the  time,  place  and  pur- 
poses of  said  election,  give  the  boundaries  of  the 
said  proposed  lighting  district;  and  the  hours  during 
which  the  polls  will  be  kept  open;  provided  that  in 
districts  with  a  population  of  ten  thousand  or  over, 
the  polls  must  be  opened  at  eight  o'clock  a.  m.,  and 
kept  open  until  seven  o'clock  p.  m.,  and  in  districts 
where  the  population  is  less  than  ten  thousand,  the 
polls  must  not  be  opened  before  one  o'clock  p.  m., 
and  must  be  kept  open  not  less  than  six  hours. 

See.  5.  Said  election  shall  be  conducted  in  ac- 
cordance with  the  general  election  laws  of  this 
state,  where  applicable,  without  reference  to  form 
of  ballot  or  manner  of  voting,  except  that  the  bal- 
lots shall  contain  the  words,  "For  Lighting  Dis- 
trict, "and  the  voter  shall  write  or  print  after  said 
words  on  his  ballot,  the  word  "Yes"  or  the  word 
"No." 

Sec.  6.  Every  qualified  elector,  resident  within 
the  proposed  district  for  the  period  requisite  to 
enable  him  to  vote  at  a  general  election,  shall  be 
entitled  to  vote  at  the  election  above  provided  for. 

Sec.  7.  It  shall  be  the  duty  of  the  election  offi- 
cers to  publicly  canvass  the  votes  immediately  after 
the  close  of  the  election,  and  to  report  the  result  of 
said  election  to  the  board  of  supervisors  within  five 
days  subsequent  to  the  holding  thereof. 

Sec.  8.  If  a  majority  of  the  votes  cast  at  said 
election  shall  be  in  favor  of  a  lighting  district,  the 
said  board  of  supervisors  may,  by  resolution,  estab- 
lish said  lighting  district. 


252  EOAD  LAWS. 

Sec.  9.  If  a  majority  of  the  votes  cast  shall  be 
against  the  lighting  district,  the  board  of  super- 
visors, shall  by  order,  so  declare;  no  other  pro- 
ceedings shall  be  taken  in  relation  thereto  until  the 
expiration  of  one  year  from  the  date  of  presentation 
of  the  petition. 

Sec.  10.  The  fact  of  the  presentation  of  the  peti- 
tion, and  the  order  establishing  the  lighting  district, 
shall  be  entered  in  the  minutes  of  the  board  of 
supervisors  and  shall  be  conclusive  evidence  of  the 
due  presentation  of  a  proper  petition,  and  that  each 
of  the  petitioners  was,  at  the  time  of  signature  and 
presentation  of  the  petition,  a  taxpayer  and  resident 
of  the  proposed  district,  and  of  the  fact  and  regu- 
larity of  all  prior  proceedings  of  every  kind  and 
nature  provided  for  by  this  act,  and  of  the  existence 
and  validity  of  the  district. 

Sec.  11.  The  board  of  supervisors  of  the  county 
wherein  lighting  districts  have  been  established 
under  the  provisions  of  this  act,  shall  be  and  they 
are  hereby  designated  as  and  empowered  to  act  as 
ex-officio  the  board  of  supervisors  of  each  and  all 
of  such  lighting  districts  which  may  hereafter  be 
established  within  such  county  under  the  provisions 
of  this  act;  serving  without  compensation;  and  said 
boards  of  supervisors  shall  be  authorized  and  they 
are  hereby  empowered,  and  it  shall  be  their  duty: 

First.  To  make  all  rules,  regulations  and  laws 
necessary  for  the  administration,  operation  and 
maintenance  of  the  lighting  districts  situated  within 
their  county. 

Second.  To  supervise,  and  plan  a  system  of  street 
illumination  for  any  and  all  lighting  districts  within 
their  county,  and  to  determine  and  decide  upon  the 
kind  and  manner  of  illuminant  most  feasible  for  the 
district. 

Third.  To  indicate  the  placing  and  installation 
of  the  lights  and  any  and  all  subsequent  additional 
lights. 


EOAD  LAWS.  253 

Fourth.  To  receive  bids,  award  and  make  con- 
tracts with  lighting  companies  to  the  very  best  ad- 
vantage of  the  district,  for  the  installation  and 
maintenance  of  poles,  wires,  lights  and  other  ac- 
cessories; and  for  the  supplying  of  electric  current, 
gas  or  such  other  illuminant  as  may  be  determined 
upon;  and  for  any  and  all  other  things  that  may  be 
necessary  to  carry  out  the  full  meaning  and  pro- 
visions of  this  act. 

Fifth.  To  determine  the  number  of  employees, 
if  any,  necessary  to  properly  care  for  and  maintain 
the  lights;  to  prescribe  their  duties  and  fix  their 
compensation,  which  said  employees  shall  hold  their 
positions  at  the  pleasure  of  the  board. 

Sixth.  Upon  the  application,  by  petition,  of 
twenty-five  or  more  taxpayers  and  residents  of  such 
lighting  district,  asking  for  the  installation  and 
maintenance  of  additional  lights,  which  said  petition 
must  be  filed  on  or  before  the  first  day  of  Septem- 
ber in  any  year;  to  immediately  estimate  the  cost 
of  installing  and  maintaining  such  additional  lights, 
and  to  include  in  the  tax  levy  for  the  ensuing  fiscal 
year  a  tax  upon  the  taxable  property  within  such 
lighting  district,  at  the  equalized  value  thereof  for 
that  year,  sufficient  to  pay  the  cost  of  installing 
and  maintaining  such  additional  lights;  after  which 
to  proceed  with  the  installation  of  such  additional 
lights. 

Seventh.  To  designate  the  hours  for  lighting  such 
districts. 

Eighth.  To  perform  any  and  all  other  acts  and 
things  necessary  or  proper  to  carry  out  the  pro- 
visions of  this  act. 

Ninth.  To,  within  ten  days  after  the  establish- 
ment of  such  district,  proceed  with  carrying  out  the 
provisions  of  this  act  by  advertising  for  bids  for 
installing,  caring  for  and  maintaining  the  lights 
determined  upon;  and  for  supplying  the  district 
with  all  of  the  gas,  electricity  or  such  other  illumi- 


254  EOAD  LAWS. 

nant  as  has  been  determined  upon,  necessary  for 
operating  and  maintaining  any  and  all  of  the  lights 
which  have  been  already  installed  or  which  are  to 
be  installed  within  such  district.  The  contract  to  be 
awarded  to  the  lowest  responsible  bidder;  provided, 
however,  that  the  rates  to  be  paid  therefor  must 
not  exceed  in  any  event  the  rates  paid  at  that  time 
by  said  county  for  highway  lighting  in  other  por- 
tions of  said  county.  The  rates  to  be  paid  must  not 
be  fixed  for  a  term  exceeding  five  years,  and  the 
board  of  supervisors  must  reserve  the  right  to  abro- 
gate such  contract  whenever  gas  or  electric  current 
is  offered  to  be  supplied  at  two-thirds  of  such  fixed 
contract  price. 

Sec.  12.  If  prior  to  the  formation  of  a  lighting 
district  any  lights  have  been  maintained,  by  public 
subscription  or  paid  for  out  of  the  district  road 
funds,  within  any  territory  which  subsequently 
forms  itself  into  a  lighting  district  under  the  pro- 
visions of  this  act;  at  the  time  of  the  establishment 
of  such  lighting  district,  or  else  at  the  time  of  ex- 
piration of  any  then  existing  contract  for  the  main- 
tenance of  such  lights;  such  lights  and  the  future 
cost  of  maintaining  and  operating  them  shall  be 
included  in  the  estimate  of  the  board  of  supervisors 
and  shall  thenceforth  be  maintained  as  a  part  of 
the  lighting  system  of  such  lighting  district. 

Sec.  13.  In  granting  authority  to  lay  down  pipes 
or  to  erect  poles  and  string  wires;  and  in  contract- 
ing for  gas  or  electric  current,  the  board  of  super- 
visors must  impose  such  restrictions  and  conditions, 
and  provide  for  such  locations  of  the  various  wires 
and  lights,  so  as  to  work  the  least  possible  public 
or  private  inconvenience. 

Sec.  14.  On  or  before  the  first  day  of  September 
in  each  and  every  year,  the  board  of  supervisors  of 
any  county  wherein  a  lighting  district  has  been  es- 
tablished, shall  make  an  estimate  of  the  cost  of  con- 
ducting and  maintaining  such  lighting  district  for 
the  ensuing  fiscal  year,  together  with  the  cost  of 


ROAD  LAWS.  255 

installing  and  maintaining  such  additional  lights  as 
may  have  already  been  petitioned  for  by  the  resi- 
dents of  such  lighting  districts;  and  for  the  cost 
of  any  other  things  which  may  be  necessary  for 
carrying  out  the  purposes  of  this  act. 

Sec.  15.  When  such  estimate  shall  have  been 
made,  the  board  of  supervisors  of  any  county 
wherein  a  lighting  district  has  been  established, 
must,  at  the  time  of  levying  county  taxes,  levy  a 
special  tax  upon  all  of  the  taxable  property  within 
the  limits  of  such  lighting  district  at  the  equalized 
value  thereof,  sufficient  in  amount  to  maintain  the 
said  lighting  system,  and  to  install  any  additional 
lights,  or  for  any  or  all  of  the  purposes  of  this  act. 
When  a  lighting  district  is  organized  subsequent 
to  the  time  of  levying  county  taxes  in  any  year, 
the  board  of  supervisors  may  authorize  the  imme- 
diate installation  of  said  lighting  system  in  such 
district,  and  shall  include  in  the  levy  of  taxes  for 
said  lighting  district  for  the  ensuing  fiscal  year,  a 
sum  sufficient  to  pay  the  cost  of  the  installation 
and  maintenance  of  said  lighting  system  in  said 
district  for  that  portion  of  the  preceding  fiscal  year 
for  which  no  levy  of  taxes  was  made  in  such  year, 
for  said  purpose.  [Amendment  approved  March  23, 
1911.] 

Sec.  16.  The  revenue  derived  from  said  tax,  to- 
gether with  all  other  moneys  acquired  in  whatso- 
ever manner  by  the  lighting  district,  shall  be  paid 
into  the  county  treasury  to  the  credit  of  the  light- 
ing fund  of  the  district  wherein  said  tax  was  col- 
lected, subject  only  to  the  order  of  the  board  of 
supervisors  of  said  district,  and  to  be  by  them  ex- 
pended only  for  and  on  behalf  of  the  district 
wherein  such  money  was  collected. 

Sec.  17.  Every  lighting  district  formed  or  es- 
tablished under  the  provisions  of  this  act,  must  be 
designated  by  the  name  and  under  the  style  of 

lighting  district,  (using  the  name  of 

the    district),    of county,    (using    the 


256  KOAD  LAWS. 

name  of  the  county  in  which  such  district  is  situ- 
ated), and  in  that  name  the  board  of  supervisors 
may  make  and  award  contracts,  and  may  sue  and 
be  sued. 

Sec.  18.  The  district  may  at  any  time  be  dis- 
solved upon  the  vote  of  two  thirds  of  the  qualified 
electors  thereof,  at  an  election  called  by  the  board 
of  supervisors,  upon  the  question  of  dissolution. 
Upon  a  petition  signed  by  fifty  or  more  property 
owners  and  residents  of  such  lighting  district,  ask- 
ing for  the  dissolution  of  said  district,  the  board  of 
supervisors  shall  within  thirty  days  after  receiving 
said  petition,  by  resolution,  order  that  an  election 
be  held  in  the  said  district,  for  the  determination  of 
the  question,  and  appoint  three  qualified  electors 
thereof  to  conduct  said  election.  Such  election  shall 
be  called  and  conducted  in  the  same  manner  as 
other  elections  of  the  district.  Upon  such  dissolu- 
tion, any  property  which  may  have  been  acquired 
by  such  lighting  district  shall  vest  in  any  incor- 
porated town  or  city  that  may  at  such  time  be  in 
occupation  of  a  considerable  portion  of  the  territory 
of  such  lighting  district;  and  if  there  be  no  such 
incorporated  town  or  city,  then  such  property  shall 
be  vested  in  the  board  of  supervisors  of  the  county 
wherein  such  lighting  district  is  situated  until  the 
formation  of  such  incorporated  town  or  city;  pro- 
vided, however,  that  if  at  the  time  of  the  election 
to  dissolve  such  district  there  be  any  outstanding 
indebtedness  of  such  district,  then,  in  such  event, 
the  vote  to  dissolve  such  district  shall  dissolve  the 
same  for  all  purposes  excepting  only  the  levy  and 
collection  of  taxes  for  the  payment  of  such  out- 
standing indebtedness;  and  from  the  time  such  dis- 
trict is  thus  dissolved  until  such  indebtedness  is 
fully  paid,  satisfied  and  discharged,  the  legislative 
authority  of  such  incorporated  town  or  city,  or  the 
board  of  supervisors,  if  there  be  no  such  incor- 
porated town  or  city,  is  hereby  constituted  ex-ofiicio 
the  board  of  supervisors  of  such  district.  And  it  is 
hereby  made  obligatory  upon  such  board  to  levy 


EOAD  LAWS.  257 

such  taxes  and  perform  such  other  acts  as  may  be 
necessary  in  order  to  raise  money  for  the  payment 
of  such  indebtedness,  as  herein  provided. 

Sec.  19.  All  acts  or  parts  of  acts  in  conflict  with 
this  act  are  hereby  repealed. 

Sec.  20.     This  act  shall  take  effect  immediately. 

An  Act  to  regulate  contracts  on  behalf  of  the  state 
in  relation  to  the  erection,  construction,  altera- 
tion, repair  or  improvement  of  any  state  struc- 
ture, building,  road,  or  other  state  improvement 
of  any  kind  and  to  repeal  an  act  entitled  "An 
act  to  regulate  contracts  on  behalf  of  the  state 
in  relation  to  erections  and  buildings "  ap- 
proved March  28,  1876. 
[Approved  March  22,  1909;  Stats.  1909,  p.  656.] 

1.  Control  of  construction. 

2.  Contracts.    Registration  of  prospective  bidders. 

3.  Award  of  contracts.    Work  by  day's  labor. 

4.  Change   of  plans. 

5.  Estimates  must  not  be  exceeded. 

6.  Payments  upon  contracts. 

7.  Injury  to  state  a  felony. 

8.  Neglect  to  work  under  contract. 

9.  Time  limits  in   contracts.     Bonds. 
§10.  Act  of  1876  repealed. 

§11.     Causes  of  action  continued. 

Section  1.  Whenever  provision  is  made  by  law 
for  the  erection,  construction,  alteration,  repair  or 
improvement  of  any  state  structure,  building,  road 
or  other  state  improvement  of  any  kind  excepting 
improvements  on  the  property  of  the  state  on  the 
water  front  of  the  city  and  county  of  San  Francisco 
under  the  jurisdiction  of  the  board  of  state  harbor 
commissioners,  the  total  cost  of  which  will  exceed 
the  sum  of  one  thousand  dollars,  the  same  shall  be 
under  the  sole  charge  and  direct  control  of  the 
department  of  engineering.  Said  department,  before 
entering  into  any  contract  for  the  erection,  con- 
struction, alteration,  repair  or  improvement  of  any 
state  structure,  building,  road  or  other  state 


258  EOAD  LAWS. 

improvement  of  any  kind  shall  prepare  full,  com- 
plete and  accurate  plans  and  specifications  and  esti- 
mates of  cost,  giving  such  directions  for  the  same 
as  will  enable  any  competent  mechanic  or  other 
builder  to  carry  them  out.  The  plans,  specifications 
and  estimates  of  cost  must  be  approved  by  the 
advisory  board  of  the  department  of  engineering 
and  the  original  draft  thereof  filed  permanently  in 
the  office  of  the  department  of  engineering  before 
further  action  is  taken. 

Sec.  2.  Said  department  of  engineering  shall, 
after  the  approval  and  filing  of  plans,  specifications 
and  estimates  of  cost,  as  in  this  act  required,  let 
such  work  by  contract  to  the  lowest  responsible 
bidder  or  bidders  upon  public  notice  which  shall  be 
given  as  follows:  Notice  of  such  work  must  be 
published  once  a  week  for  three  consecutive  weeks 
next  preceding  the  day  set  for  the  receiving  of 
bids  in  a  paper  having  a  general  circulation  in  the 
county  where  the  work  is  to  be  done.  Provided, 
that  in  a  record  kept  for  that  purpose  the  state 
engineer  shall  register  any  one  desiring  to  be  so 
registered  for  the  purpose  of  becoming  a  prospec- 
tive bidder  upon  state  work,  which  registration  shall 
be  renewed  on  or  before  the  beginning  of  each 
fiscal  year,  and  whenever  any  state  work  is  to  be  let 
by  contract  the  state  engineer  shall  cause  a  notice 
of  the  same  to  be  mailed  to  each  of  the  addresses 
so  registered  at  least  twenty-five  days  prior  to  the 
date  set  for  the  receiving  of  bids.  In  each  case 
such  notice  must  state  the  time  and  place  for  the 
receiving  and  opening  of  sealed  bids  and  must  also 
state  that  bids  will  be  received  for  the  entire  work 
and  also,  where  possible,  for  the  performance  of 
each  of  the  following  parts  thereof,  viz:  first,  for 
the  masonry  work,  including  all  brick,  stone,  terra 
cotta,  and  concrete  work,  and  all  necessary  exca- 
vations, and  filling;  second,  for  the  iron  work; 
third,  for  the  carpenter,  electric  and  glazing  work; 
fourth,  for  the  plastering  work;  fifth,  for  the  plumb- 
ing and  gas  fitting  work;  sixth,  for  the  heating 


ROAD  LAWS.  259 

work;  seventh,  for  the  tinning,  galvanized  iron,  and 
slating  worKj  eighth,  for  the  painting  and  graining 
work. 

Sec.  3.  On  the  day  named  in  said  public  notice 
the  department  of  engineering  shall  proceed  to 
publicly  open  said  sealed  bids  and  shall  award  such 
contract  or  contracts  to  the  lowest  responsible  bid- 
der or  bidders.  No  bid  shall  be  considered  unless 
accompanied  with  a  bond  of  said  bidder  equal  to  ten 
per  cent  of  his  bid  with  sufficient  sureties,  condi- 
tioned that  if  said  bid  shall  be  accepted  the  party 
bidding  will  duly  enter  into  a  proper  contract  and 
faithfully  perform  his  or  their  contract  or  contracts, 
in  accordance  with  said  bid,  and  the  plans  and 
specifications,  which  shall  be  and  are  hereby  made 
a  part  of  such  contract  or  contracts.  Such  contract 
or  contracts  shall  not  be  binding  on  the  state  until 
they  are  submitted  to  the  attorney  general,  and  by 
him  found  to  be  in  accordance  with  the  provisions 
of  this  act,  and  his  certificate  thereon  to  that  effect 
made.  If  in  the  opinion  of  such  department  of 
engineering  the  acceptance  of  the  lowest  responsi- 
ble bid  or  bids  shall  not  be  for  the  best  interests 
of  the  state,  it  may  be  lawful  for  them  to  reject 
all  bids  and  advertise  for  others  in  the  manner 
aforesaid.  But  after  the  approval  of  the  plans, 
specifications  and  estimates  of  costs  by  the  advisory 
board  of  the  department  of  engineering,  if,  in  the 
opinion  of  such  department  of  engineering  the  ac- 
ceptance of  any  bid  or  bids  shall  not  be  for  the 
best  interests  of  the  state,  or  if  in  the  opinion  of 
such  department  of  engineering  the  acceptance  of 
any  further  bids  after  the  rejection  of  all  bids  sub- 
mitted shall  not  be  for  the  best  interests  of  the 
state,  it  may  be  legal  for  them  to  direct  that  the 
erection,  construction,  alteration,  repair,  or  im- 
provement of  any  state  structure,  building, 
road,  or  other  state  improvement  of  any  kind 
shall  be  done  by  day's  labor,  under  the  direc- 
tion and  control  of  the  department  of  engineering. 
All  contracts  shall  provide  that  such  department  of 


260  EOAD  LAWS. 

engineering  may,  as  hereinafter  provided,  and  on 
the  conditions  stated,  make  any  change  in  the  plans 
and  specifications.  Certified  copies  of  such  contracts 
shall  be  filed  with  the  controller  and  the  board  of 
examiners. 

Sec.  4.  After  the  contract  or  contracts  are  let 
no  change  shall  be  made  to  increase  or  diminish  the 
cost  of  any  contract  in  excess  of  five  hundred  dol- 
lars, except  upon  the  approval  of  the  advisory  board 
of  the  department  of  engineering,  and  then  only 
upon  additional  plans  and  specifications  and  esti- 
mates of  cost  being  filed  and  approved,  and  amended 
contracts  entered  into  and  filed  with  the  original 
contract. 

Sec.  5.  No  contract  or  contracts  shall  be  made 
exceeding  in  amount  the  estimates  of  costs  ap- 
proved by  the  advisory  board  of  the  department  of 
engineering  and  no  plans  and  specifications  and  esti- 
mates of  cost  including  expense  of  advertising  and 
inspection,  shall  be  approved  by  said  board  requir- 
ing a  greater  expenditure  of  money  than  is  appro- 
priated for  the  specific  purpose  in  the  act  authoriz- 
ing the  same. 

Sec.  6.  Payments  upon  contract  shall  be  made  as 
the  department  of  engineering  may  prescribe  upon 
estimates  made  and  approved  by  the  said  depart- 
ment and  audited  by  the  board  of  examiners,  but 
no  payment  shall  be  made  in  excess  of  ninety  per 
cent  of  the  percentage  of  actual  work  completed,  to 
which  has  been  added  one  half  of  the  value  of 
material  delivered  on  the  ground  and  unused.  The 
department  of  engineering  shall  withhold  not  less 
than  ten  per  cent  of  the  contract  price  until  final 
completion  and  acceptance  of  the  work.  The  con- 
troller shall  draw  his  warrants  upon  estimates  so 
made  and  approved  by  the  department  of  engineer- 
ing and  audited  by  the  board  of  examiners  and  the 
state  treasurer  shall  pay  the  same. 

Sec.  7.  Any  member  of  the  advisory  board  or 
person  employed  under  the  department  of  engineer- 


ROAD  LAWS.  261 

ing  who  shall  knowingly  perform  any  oflicial  act 
to  the  injury  of  the  state,  or  any  contractor  or  his 
agent  or  employee  who  shall  knowingly  permit  the 
violation  of  the  contract  of  such  contractor  to  the 
injury  of  the  state,  or  any  agent  or  employee  of  any 
contractor  who  shall  have  knowledge  of  any  work 
being  done  in  violation  of  contract  and  does  not 
immediately  notify  the  department  of  engineering 
or  the  inspector  upon  said  work  in  regard  to  the 
same  is  guilty  of  a  felony  and,  upon  conviction 
thereof,  shall  be  confined  in  the  state  prison  for 
not  less  than  one  year  nor  more  than  five  years, 
and  be  liable  to  the  state  for  double  the  amount 
the  state  may  have  lost,  or  be  liable  to  lose  by  rea- 
son thereof. 

Sec.  8.  Whenever,  in  the  opinion  of  the  depart- 
ment of  engineering,  the  work  under  any  contract 
made  in  pursuance  of  this  act,  is  neglected  by  the 
contractor  or  contractors,  or  the  same  is  not  prose- 
cuted with  diligence  and  force  specified  or  intended 
in  and  by  the  terms  of  the  contract,  it  shall  be 
lawful  for  such  department  of  engineering  to  make 
a  requisition  upon  such  contractor  or  contractors 
for  such  additional  specific  force,  or  for  such  addi- 
tional specific  material,  to  be  brought  into  the  work 
under  such  contract,  or  to  remove  improper  mate- 
rials from  the  grounds;  of  which  action  of  said 
department  of  engineering  due  notice  in  writing  of 
not  less  than  five  days,  shall  be  served  upon  such 
contractor,  or  his  or  their  agent  having  charge  of 
the  work.  If  such  contractor  or  contractors  fail  to 
comply  with  such  requisition  within  fifteen  days,  it 
shall  be  lawful  for  said  department  of  engineering 
to  employ  upon  such  work  the  additional  force,  or 
supply  the  materials  so  specifically  required  as 
aforesaid,  or  such  part  of  either  as  they  may  deem 
proper,  and  to  remove  improper  materials  from  the 
grounds;  and  it  shall  be  the  duty  of  such  depart- 
ment of  engineering  to  make  separate  estimates  of 
all  such  additional  force  or  materials  so  employed 
or  supplied  as  aforesaid,  and  the  amount  so  esti- 


262  EOAD  LAWS. 

mated  shall  be  charged  against  said  contractor  or 
contractors,  and  deducted  from  his  or  their  next, 
or  any  subsequent,  estimate;  or  the  same,  or  any 
part  thereof,  not  paid  as  aforesaid,  may  be  recov- 
ered by  action  from  such  contractor  or  contractors, 
and  their  sureties. 

Sec.  9.  In  all  contracts  made  under  the  provis- 
ions of  this  act,  there  shall  be  a  provision  in  regard 
to  the  time  when  the  whole,  or  any  specified  portion, 
of  the  work  contemplated  in  said  contract  shall  be 
completed,  and  also  providing  that  for  each  and 
every  day  the  same  shall  be  delayed  beyond  such 
time  or  times  so  named,  the  said  contractor  or  con- 
tractors shall  forfeit  and  pay  to  the  state  a  sum  of 
money  to  be  fixed  and  determined  in  said  contract, 
to  be  deducted  from  any  payment  or  payments  due, 
or  to  become  due,  to  said  contractor  or  contractors. 
Any  such  contract  shall  provide  for  the  filing  of  a 
sunicient  bond  by  the  contractor  to  secure  the  pay- 
ment of  the  claims  of  material  men,  mechanics,  or 
laborers  employed  upon  state  work;  a  penalty  of 
ten  dollars  per  day  to  be  forfeited  to  the  state  for 
each  calendar  day  during  which  any  laborer,  work- 
man or  mechanic  is  employed  or  permitted  to  labor 
more  than  eight  hours;  a  minimum  compensation 
of  not  less  than  two  dollars  per  day  for  labor;  that 
no  Chinese  or  Mongolian  labor  shall  be  employed 
and  such  other  provisions  as  are  now  or  may  here- 
after be  provided  by  law. 

Sec.  10.  An  act  entitled  "An  act  to  regulate  con- 
tracts on  behalf  of  the  state  in  relation  to  erections 
and  buildings/'  approved  March  23,  1876,  and  all 
acts  amendatory  thereto  are  hereby  repealed,  and 
all  other  acts  or  parts  of  acts  in  conflict  with  the 
provisions  of  this  act  are  hereby  repealed.  Such 
repeal  shall  not  affect,  however,  the  operation  of 
any  other  act  heretofore  passed,  whether  such  act 
shall  refer  to  the  act  hereby  repealed  or  not,  so  as 
to  exempt  any  public  work  from  the  provisions  of 
this  act. 


KOAD  LAWS.  263 

Sec.  11.  All  of  the  provisions  of  this  act  shall  be 
so  construed  as  to  preserve  and  keep  in  full  force 
and  effect  all  causes  of  action  and  actions  for  pen- 
alties which  have  already  accrued  or  may  hereafter 
accrue  under  any  contract,  heretofore  entered  into, 
against  any  contractor  or  person  under  and  by  vir- 
tue of  the  provisions  of  said  act  entitled  "An  act 
to  regulate  contracts  on  behalf  of  the  state  in  rela- 
tion to  erections  and  buildings/'  approved  March 
23,  1876,  which  is  repealed  by  virtue  of  this  act,  and 
all  such  actions  and  causes  of  action  may  be  prose- 
cuted to  final  judgment  and  all  such  penalties  may 
be  imposed  and  collected  under  the  provisions  of 
said  act  so  repealed  to  the  same  extent  and  in  the 
same  manner  as  though  said  act  had  not  been  re- 
pealed. 
-Sec.  12.  This  act  shall  take  effect  immediately. 


An  Act  authorizing  the  construction,  acquisition, 
maintenance  and  control  of  a  system  of  state 
highways  in  the  State  of  California;  specifying 
the  work,  fixing  the  payments  to  be  made  by 
counties  for  moneys  expended  therein;  provid- 
ing for  the  issuance  and  sale  of  state  bonds  to 
create  a  fund  for  the  construction  and  acquisi- 
tion of  such  system;  creating  a  sinking  fund  for 
the  payment  of  said  bonds;  and  providing  for 
the  submission  of  this  act  to  a  vote  of  the 
people. 
[Approved  March  22,  1909,  Stats.  1909,  p.  647.] 

§  1.  State  highway  system.  Bonds  for  cost  of  con- 
struction. 

§  2.     Interest   coupons. 

§  3.     Expenses  preliminary  to  issue. 

§  4.     Sale  of  bonds.     State  highway  fund. 

§  5.  Appropriation.  Tax  levy  to  secure  bondhold- 
ers. Sinking  fund  created. 

§  6.     Bonds,  how  payable. 

§  7.     Reports  of  Controller  and  Treasurer. 

§  8.  Character  of  construction  of  highway.  Refund 
to  State  by  counties. 


264  EOAD  LAWS. 

§     9.  When  act  to  take  effect. 

§  10.  Submission  of  act  to  people. 

§  11.  Canvass  of  returns. 

§  12.  Publication  of  act. 

§  13.  Name   of   act. 

Section  1.  A  system  of  state  highways  in  and  for 
the  State  of  California  shall  be  constructed  and  ac- 
quired as  and  in  the  manner  provided  by  law  by  the 
department  of  engineering  of  said  state  at  a  cost 
not  to  exceed  eighteen  million  dollars.  For  the 
purpose  of  providing  for  the  payment  of  the  cost 
of  the  construction  or  acquisition  of  said  system 
of  said  highways,  the  State  of  California  is  hereby 
authorized  to  incur  an  indebtedness  in  the  manner 
provided  by  this  act  in  the  sum  of  eighteen  million 
dollars. 

Immediately  after  the  issuance  of  the  proclama- 
tion of  the  governor,  as  provided  in  section  11  of 
this  act,  the  treasurer  of  the  state  shall  prepare 
eighteen  thousand  suitable  bonds  of  the  State  of 
California  in  the  denomination  of  one  thousand  dol- 
lars each,  to  be  numbered  from  1  to  18,000  inclus- 
ive, and  to  bear  the  date  of  the  third  day  of  July, 
1911.  The  total  issue  of  said  bonds  shall  not  ex- 
ceed the  sum  of  eighteen  million  dollars  and  they 
shall  bear  interest  at  the  rate  of  four  per  cent  per 
annum  from  the  date  of  issuance  thereof.  The 
said  bonds  and  the  interest  thereon  shall  be  pay- 
able in  gold  coin  of  the  United  States  of  the  pres- 
ent standard  of  value  at  the  office  of  the  treasurer 
of  said  state  at  the  times  and  in  the  manner  fol- 
lowing, to  wit:  The  first  four  hundred  of  said  bonds 
shall  be  due  and  payable  on  the  third  day  of  July, 
1917,  and  four  hundred  of  said  bonds  in  consecutive 
numerical  order  shall  be  due  and  payable  on  the 
third  day  of  July  in  each  and  every  year  thereafter 
until  and  including  the  third  day  of  July,  1961.  The 
interest  accruing  on  all  of  said  bonds  that  shall  be 
sold  shall  be  payable  at  the  office  of  the  treasurer 
of  the  state  on  the  third  day  of  January  and  the 
third  day  of  July  of  each  and  every  year  after  the 


ROAD  LAWS.  265 

sale  of  the  same.  The  interest  on  all  bonds  is- 
sued and  sold  shall  cease  on  the  day  of  their  ma- 
turity and  the  said  bonds  so  issued  and  sold  shall 
on  the  day  of  their  maturity  be  paid  as  herein  pro- 
vided and  canceled  by  the  treasurer  of  said  state. 
All  bonds  remaining  unsold  shall,  at  the  date  of 
the  maturity  thereof,  be  by  the  treasurer  of  the 
state  canceled  and  destroyed.  All  bonds  issued  pur- 
suant to  the  provisions  of  this  act  shall  be  signed 
by  the  governor  of  this  state,  countersigned  by  the 
state  controller  and  endorsed  by  the  state  treasurer, 
and  the  said  bonds  shall  be  so  signed,  countersigned 
and  endorsed  by  the  officers  who  are  in  office  on  the 
third  day  of  July,  1911,  and  each  of  said  bonds 
shall  have  the  great  seal  of  the  State  of  California 
impressed  thereon.  The  said  bonds  signed,  counter- 
signed, endorsed  and  sealed  as  herein  provided,  when 
sold,  shall  be  and  constitute  a  valid  and  binding 
obligation  upon  the  State  of  California,  though  the 
sale  thereof  be  made  at  a  date  or  dates  after  the 
person  so  signing,  countersigning  and  endorsing,  or 
either  of  them,  shall  have  ceased  to  be  the  incum- 
bents of  said  office  or  offices. 

Sec.  2.  Appended  to  each  of  said  bonds  there 
shall  be  interest  coupons  so  attached  that  the  same 
may  be  detached  without  injury  to  or  mutilation  of 
said  bond.  The  said  coupons  shall  be  consecutively 
numbered  and  shall  bear  the  lithographed  signature 
of  the  state  treasurer  who  shall  be  in  office  on  the 
third  day  of  July,  1911.  No  interest  shall  be  paid 
on  any  of  said  bonds  for  such  time  as  may  inter- 
vene between  the  date  of  said  bond  and  the  day 
of  sale  thereof,  unless  such  accrued  interest  shall 
have  been,  by  the  purchaser  of  said  bond,  paid  to 
the  state  at  the  time  of  such  sale. 

Sec.  3.  There  shall  be  provided  in  the  general 
appropriation  bill  sufficient  money  to  defray  all  ex- 
penses that  shall  be  incurred  by  the  state  treasurer 
in  the  preparation  of  said  bonds  and  in  the  adver- 
tising of  the  sale  thereof,  as  in  this  act  provided. 


266  EOAD  LAWS. 

Sec.  4.  When  the  bonds  authorized  by  this  act 
to  be  issued  shall  have  been  signed,  countersigned, 
endorsed  and  sealed  as  in  section  one  provided,  the 
state  treasurer  shall  sell  the  same  in  such  parcels 
and  numbers  as  the  governor  of  the  state  shall  di- 
rect, to  the  highest  bidder  for  cash.  The  governor 
of  the  state  shall  issue  to  the  state  treasurer  such 
direction  immediately  after  being  requested  so  to 
do,  through  and  by  a  resolution  duly  adopted  and 
passed  by  a  majority  vote  of  the  advisory  board  of 
the  department  of  engineering.  Said  resolution 
shall  specify  the  amount  of  money  which,  in  the 
judgment  of  said  advisory  board,  shall  be  required 
at  such  time,  and  the  governor  of  the  state  shall 
direct  the  state  treasurer  to  sell  such  number  of 
said  bonds  as  may  be  required  to  raise  said  amount 
of  money,  and  that  said  bonds  shall  be  sold  in  con- 
secutive numerical  order  commencing  with  the  first 
four  hundred  thereof.  The  state  treasurer  shall  not 
accept  any  bid  which  is  less  than  the  par  value  of 
the  bond  plus  the  interest  which  has  accrued  there- 
on between  the  date  of  sale  and  the  last  preceding 
interest  maturity  date.  The  state  treasurer  may  at 
the  time  and  place  fixed  by  him  for  said  sale  con- 
tinue such  sale  as  to  the  whole  or  any  part  of  the 
bonds  offered  to  such  time  and  place  as  he  may  at 
the  time  of  such  continuance  designate.  Before 
offering  any  of  said  bonds  for  sale,  the  said  treas- 
urer shall  detach  therefrom  all  coupons  which  have 
matured  or  will  mature  before  the  date  fixed  for 
such  sale.  The  state  treasurer  shall  give  notice  of 
the  time  and  place  of  sale  by  publication  in  two 
newspapers  published  in  the  city  and  county  of  San 
Francisco  and  in  one  newspaper  published  in  the 
city  of  Oakland,  and  in  one  newspaper  published  in 
the  city  of  Los  Angeles  and  in  one  newspaper  pub- 
lished in  the  city  of  Sacramento  once  a  week  for 
four  weeks  next  preceding  the  date  fixed  for  such  sale. 
In  addition  to  the  notice  last  above  provided  for, 
the  state  treasurer  may  give  such  further  notice  as 
he  may  deem  advisable,  but  the  expenses  and  cost 


ROAD  LAWS.  267 

of  such  additional  notice  shall  not  exceed  the  sum 
of  five  hundred  dollars  for  each  sale  so  advertised. 

There  is  hereby  created  in  and  for  the  state  treas- 
ury a  fund  to  be  known  and  designated  as  tke 
' l  State  Highway  Fund, ' '  and  immediately  after 
such  sale  of  bonds  the  treasurer  of  the  state  shall 
pay  into  the  state  treasury  and  cause  to  be  placed 
in  said  state  highway  fund  the  total  amount  re- 
ceived for  said  bonds,  except  such  amount  as  may 
have  been  paid  as  accrued  interest  thereon.  The 
amount  that  shall  have  been  paid  at  such  sale  as 
accrued  interest  on  the  bonds  sold  shall  be  by  the 
treasurer  of  the  state,  immediately  after  such  sale, 
paid  into  the  treasury  of  the  state  and  placed  in  the 
interest  and  sinking  fund. 

The  moneys  placed  in  the  state  highway  fund, 
pursuant  to  the  provisions  of  this  section,  shall  be 
used  exclusively  for  the  acquisition  of  rights  of  way 
for  and  the  acquisition  and  construction  of  said 
system  of  state  highways.  The  route  or  routes  of 
said  state  highways  shall  b'e  selected  by  the  depart- 
ment of  engineering  and  said  route  shall  be  so  se- 
lected and  said  highways  so  laid  out  and  constructed 
or  acquired  as  to  constitute  a  continuous  and  con- 
nected state  highway  system  running  north  and 
south  through  the  state  traversing  the  Sacramento 
and  San  Joaquin  valleys  and  along  the  Pacific  coast 
by  the  most  direct  and  practicable  routes,  connect- 
ing the  county  seats  of  the  several  counties  through 
which  it  passes  and  joining  the  centers  of  popula- 
tion, together  with  such  branch  roads  as  may  be 
necessary  to  connect  therewith  the  several  county 
seats  lying  east  and  west  of  such  state  highway. 

Moneys  shall  be  drawn  from  said  state  highway 
fund  for  the  purposes  of  this  act  upon  warrants 
duly  drawn  by  the  controller  of  this  state  upon  de- 
mands made  by  the  department  of  engineering  and 
audited  by  the  state  board  of  examiners. 

Sec.  5.  There  is  hereby  appropriated  from  the 
general  fund  in  the  state  treasury  such,  sum  an- 


268  EOAD  LAWS. 

nually  as  will  be  necessary  to  pay  the  principal  of 
and  the  interest  on  the  bonds,  issued  and  sold  pur- 
suant to  the  provisions  of  this  act,  as  said  principal 
and  interest  becomes  due  and  payable. 

There  shall  be  collected  annually  in  the  same 
manner  and  at  the  same  time  as  other  state  revenue 
is  collected  such  a  sum,  in  addition  to  the  ordinary 
revenues  of  the  state  as  shall  be  required  to  pay  the 
principal  and  interest  on  said  bonds  as  herein  pro- 
vided, and  it  is  hereby  made  the  duty  of  all  offi- 
cers charged  by  law  with  any  duty  in  regard  to  the 
collection  of  said  revenue,  to  do  and  perform  each 
and  every  act  which  shall  be  necessary  to  collect 
such  additional  sum. 

The  treasurer  of  the  state  shall,  on  the  first  day 
of  January,  1912,  and  on  the  first  day  of  each  July 
and  the  first  day  of  each  January  thereafter,  trans- 
fer from  the  general  fund  of  the  state  treasury  to 
the  interest  and  sinking  fund  such  an  amount  of  the 
money  by  this  act  appropriated  as  shall  be  required 
to  pay  the  interest  on  the  bonds  theretofore  sold, 
until  the  interest  on  all  of  said  bonds  so  sold  shall 
have  been  paid  or  shall  have  become  due  in  accord- 
ance with  the  provisions  of  this  act. 

There  is  hereby  created  in  the  state  treasury  a 
fund  to  be  known  and  designated  as  the  "State 
Highway  and  Sinking  Fund. ' '  The  treasurer  of  the 
state  shall  on  the  first  day  of  July  of  the  year  1917, 
and  on  the  first  day  of  July  of  each  and  every 
year  thereafter  in  which  a  parcel  of  the  bonds  sold 
pursuant  to  the  provisions  of  this  act  shall  become 
due,  transfer  from  the  general  fund  of  the  state 
treasury  to  the  said  state  highway  sinking  fund 
such  an  amount  of  the  moneys  appropriated  by  this 
act  as  may  be  required  to  pay  the  principal  of  the 
bonds  so  becoming  due  and  payable  in  such  years. 

Sec.  6.  The  principal  of  all  of  said  bonds  sold  shall 
be  paid  at  the  time  the  same  becomes  due,  from  the 
state  highway  sinking  fund,  and  the  interest  on  all 
bonds  sold  shall  be  paid  at  the  time  said  interest 


KOAD  LAWS.  269 

becomes  due,  from  the  interest  and  sinking  fund. 
Both  principal  and  interest  shall  be  so  paid  upon 
warrants  duly  drawn  by  the  controller  of  the  state 
upon  demands  audited  by  the  state  board  of  exam- 
iners, and  the  faith  of  the  State  of  California  is 
hereby  pledged  for  the  payment  of  the  principal  of 
said  bonds  so  sold,  and  the  interest  accruing  thereon. 

Sec.  7.  The  state  controller  and  state  treasurer  shall 
keep  full  and  particular  account  and  record  of  all 
their  proceedings  under  this  act  and  they  shall  trans- 
mit to  the  governor  in  triplicate  an  abstract  of  all 
such  proceedings  thereunder  with  an  annual  report 
in  triplicate,  one  copy  of  each  to  be  by  the  governor 
laid  before  each  house  of  the  legislature  biennially. 
All  books  and  papers  pertaining  to  the  matter  pro- 
vided for  .in  this  act  shall,  at  all  times,  be  open  to 
the  inspection  of  any  party  interested,  or  the  gov- 
ernor, or  the  attorney-general,  or  a  committee  of 
either  branch  of  the  legislature  or  a  joint  committee 
of  both  or  any  citizen  of  the  state. 

Sec.  8.  The  highway  constructed  or  acquired  un- 
der the  provisions  of  this  act  shall  be  permanent  in 
character  and  be  finished  with  oil  or  macadam  or 
a  combination  of  both,  or  of  such  other  material  as  in 
the  judgment  of  the  said  department  of  engineering 
shall  be  most  suitable  and  best  adapted  to  the  par- 
ticular locality  traversed.  The  state  department  of 
engineering,  in  the  name  of  the  people  of  the  State 
of  California,  may  purchase,  receive  by  donation  or 
dedication,  or  lease  any  right  of  way,  rock  quarry 
or  land  necessary  or  proper  for  the  construction, 
use  or  maintenance  of  said  state  highway  and  shall 
proceed,  if  necessary,  to  condemn  under  the  provis- 
ions of  the  Code  of  Civil  Procedure  relating  to  such 
proceedings  any  necessary  or  proper  right  of  way, 
rock  quarry  or  land.  The  department  of  engineer- 
ing shall  have  full  power  and  authority  to  purchase 
all  supplies,  material,  machinery  and  to  do  all  other 
things  necessary  or  proper  in  the  construction  and 
maintenance  of  said  state  highway.  With  the  ex- 


270  KOAD  LAWS. 

ception  of  those  public  highways  which  have  been 
permanently  improved  under  county  or  permanent 
road  division  bond  issues  within  three  years  prior  to 
the  adoption  of  this  act,  all  public  highways  within 
this  state  lying  within  the  right  of  way  of  said 
state  highway  as  determined  and  adopted  by  the 
department  of  engineering  shall  be  and  the  same 
shall  become  a  part  of  the  right  of  way  of  said 
state  highway,  without  compensation  being  paid 
therefor;  provided,  nothing  herein  contained  shall 
require  the  state  to  maintain  any  highway  along 
or  on  said  right  of  way  prior  to  the  completion  or 
acquisition  of  the  permanent  improvements  contem- 
plated by  this  act.  Whenever  any  money  received 
from  the  sale  of  bonds,  under  the  provisions  of  this 
act,  shall  be  expended  in  any  county  in  this  state, 
such  county  must  pay  into  the  state  treasury  such 
sum  each  year  as  shall  equal  the  interest,  at  the 
rate  of  four  per  cent  per  annum,  upon  the  entire 
sum  of  money  expended  within  such  county  in  the 
construction  of  said  state  highway,  less  such  por- 
tion of  said  amount  expended  as  the  bonds  matured 
under  the  provisions  of  this  act  shall  bear  to  the 
total  number  of  bonds  sold  and  outstanding.  All 
highways  constructed  or  acquired  under  the  pro- 
visions of  this  act  shall  be  permanently  maintained 
and  controlled  by  the  State  of  California. 

Sec.  9.  This  act,  if  adopted  by  the  people,  shall 
take  effect  on  the  thirty-first  day  of  December,  1910, 
as  to  all  its  provisions  except  those  relating  to,  and 
necessary  for,  its  submission  to  the  people  and  for 
returning,  canvassing  and  proclaiming  the  votes, 
and  to  such  accepted  provisions  this  act  shall  take 
effect  immediately. 

Sec.  10.  This  act  shall  be  submitted  to  the  people 
of  the  State  of  California  for  their  ratification  at 
the  next  general  election  to  be  holden  in  the  month 
of  November,  1910,  A.  D.,  and  all  ballots  at 
said  election  shall  have  printed  thereon,  and  at  the 
end  thereof,  the  words  "For  the  state  highway 
act";  and  in  a  separate  line,  under  the  same,  the 


EOAD  LAWS.  271 

words  "Against  the  state  highway  act."  Opposite 
said  lines  there  shall  be  left  spaces  in  which  the 
voters  may  make  or  stamp  a  cross  to  indicate  whe- 
ther they  vote  for  or  against  said  act,  and  those 
voting  for  said  act  shall  do  so  by  placing  a  cross 
opposite  the  words  "For  the  state  highway  act"; 
and  all  those  voting  against  the  said  act  shall  do  so 
by  placing  a  cross  opposite  the  words  "Against  the 
state  highway  act."  The  governor  of  this  state 
shall  include  the  submission  of  this  act  to  the  peo- 
ple, as  aforesaid,  in  his  proclamation  calling  for  said 
general  election. 

Sec.  11.  The  votes  cast  for  or  against  this  act 
shall  be  counted,  returned  and  canvassed  and  de- 
clared in  the  same  manner  and  subject  to  the  same 
rules  as  votes  cast  for  state  officers,  and  if  it  ap- 
pears that  said  act  shall  have  received  a  majority 
of  all  the  votes  cast  for  and  against  it  at  such  elec- 
tion, as  aforesaid,  then  the  same  shall  have  effect 
as  hereinbefore  provided,  and  shall  be  irrepealable 
until  the  principal  and  interest  of  the  liabilities 
herein  created  shall  be  paid  and  discharged,  and  the 
governor  shall  make  proclamation  thereof.  But  if  a 
majority  of  the  votes  cast,  as  aforesaid,  are  against 
this  act  then  the  same  shall  be  and  become  void. 

Sec.  12.  It  shall  be  the  duty  of  the  secretary  of 
state  to  have  this  act  published  in  at  least  one 
newspaper  in  each  county,  or  city  and  county,  if 
one  be  published  therein,  throughout  this  state,  for 
three  months  next  preceding  the  general  election  to 
be  holden  in  the  month  of  November,  A.  D.  nineteen 
hundred  and  ten;  the  cost  of  publication  shall  be 
paid  out  of  the  general  fund,  on  controller's  war- 
rants duly  drawn  for  the  purpose. 

Sec.  13.  This  act  shall  be  known  and  cited  as  the 
"state  highways  act." 

Sec.  14.  All  acts  and  parts  of  acts  in  conflict  with 
the  provisions  of  this  act  are  hereby  repealed. 

[Katified  at  general  election  held  November  8, 
1910.] 

[See  also  act    of  March  10,  1911,  p.  273,  post.]  ' 


272  BOAD  LAWS. 

An  Act  authorizing  any  incorporated  town,  city  or 
municipal  corporation  to  permit  the  construc- 
tion and  maintenance  of  any  state  or  county 
highway  or  boulevard  over  highways  or  streets 
in  its  incorporated  limits,  or  any  portion  there- 
of, by  the  supervisors  or  highway  commission- 
ers of  the  county. 
[Approved  March  19,  1909,  Stats.  1909,  p.  429.] 

Section  1.  Any  incorporated  city,  town  or  muni- 
cipal corporation  in  this  state,  is  herby  authorized 
and  empowered  to  permit  by  ordinance  the  use  of 
its  streets  and  highways  by  the  board  of  supervisors 
or  highway  commissioners  of  the  county,  for  the 
purpose  of  constructing  and  maintaining  thereon 
any  highway  or  boulevard  as  part  of  a  state  or 
county  system  of  roads  through  its  incorporated 
limits,  or  any  portion  thereof. 

An  Act  relating  to  ferries  across  rivers  and  streams 
wholly  within  one  county,  and  empowering  the 
boards  of  supervisors  of  such  county  to  pur- 
chase, establish  and  maintain  ferries  across  such 
rivers  or  streams  and  to  pay  the  expenses 
thereof. 
[Approved  April  16,  1909,  Stats.  1909,  p.  974.] 

Section  1.  Whenever  the  board  of  supervisors  of 
any  county  within  the  State  of  California  shall 
deem  it  advisable  and  for  the  best  interests  of  the 
public  that  the  county  own  and  operate  any  ferry 
within  such  county,  such  board  may  purchase,  es- 
tablish and  operate  a  ferry  or  ferries  across  any 
stream  or  river  within  said  county  and  may  oper- 
ate the  same  as  a  free  ferry  or  ferries. 

Sec.  2.  Such  board  of  supervisors  is  hereby  em- 
powered to  acquire  landing  places  for  such  ferry 
or  ferries  on  the  banks  of  such  river  or  stream  and 
may  pay  the  expenses  of  establishing  and  operating 
said  ferry  or  ferries  out  of  the  general  road  fund 


ROAD  LAWS.  273 

of  said  county;  provided,  however,  that  no  super- 
visor or  his  bondsmen  shall  be  responsible  for  the 
payment  of  damages  incurred  by  any  person  while 
traveling  on  such  ferry. 

Sec.  3.  This  act  shall  take  effect  from  and  after 
its  passage. 

An  Act  to  authorize  and  require  the  payment  by 
the  counties  of  interest  on  state  highway  bonds. 
[Approved  March  10,  1911;  Stats.  1911,  chap.  165. 

The  people  of  the  State  of  California,  represented  in 
senate  and  assembly,  do  enact  as  follows: 

Section  1.  For  the  purpose  of  carrying  into  effect 
the  provisions  relative  to  the  payment  of  bond  in- 
terest which  are  contained  in  "An  act  authoriz- 
ing the  construction,  acquisition,  maintenance  and 
control  of  a  system  of  state  highways  in  the  State 
of  California;  specifying  the  work,  fixing  the  pay- 
ments to  be  made  by  counties  for  moneys  expended 
therein;  providing  for  the  issuance  and  sale  of  state 
bonds  to  create  a  fund  for  the  construction  and 
acquisition  of  such  system;  creating  a  sinking  fund 
for  the  payment  of  said  bonds;  and  providing  for 
the  submission  of  this  act  to  a  vote  of  the  people, " 
approved  March  22,  1909,  it  is  hereby  made  the 
duty  of  the  state  controller  to  keep  an  accurate 
account  showing  the  amount  of  said  bond  money 
expended  in  each  county.  In  connection  with  such 
account  he  shall  annually,  at  the  beginning  of  the 
fiscal  year,  charge  up  to  each  and  every  county 
such  sum  as  shall  equal  the  interest  at  four  per 
cent  per  annum  on  the  total  amount  of  state  high- 
way bond  money  which  has  been  expended  in  each 
such  county. 

Sec.  2.  The  controller  shall  notify  the  county 
auditor  and  the  clerk  of  the  board  of  supervisors 
of  each  county  of  the  amount  of  such  interest  charge, 
in  order  that  there  may  be  included  in  the  county 
tax  levy  such  rate  as  will  raise  the  sum  needed 


274  ROAD  LAWS. 

to  meet  such  interest  charge.  It  is  hereby  made 
the  duty  of  the  board  of  supervisors  when  making 
the  annual  levy  of  county  taxes  to  include  therein 
the  necessary  provision  for  payment  of  interest  on 
state  highway  bonds,  as  in  this  act  provided,  but 
no  failure  of  any  board  of  supervisors  to  make 
the  tax  levy  herein  provided  for  shall  be  held  to 
exempt  such  county  from  the  collection  by  the 
state,  in  the  manner  provided  for  in  the  next  sec- 
tion of  this  act,  of  the  amount  of  interest  due  from 
such  county. 

Sec.  3.  In  the  regular  semi-annual  settlements 
between  the  state  and  the  counties,  the  controller 
shall  charge  to,  and  collect  from,  each  county  one- 
half  the  amount  of  interest  with  which  such  county 
has  been  charged  for  that  fiscal  year;  provided, 
that  as  soon  as  any  of  the  state  highway  bonds 
shall  have  matured  and  been  paid,  the  controller 
shall  credit  each  county  with  its  proportionate  part 
of  the  diminution  of  the  total  interest  charge  there- 
by occasioned. 

Sec.  4.  The  controller  is  authorized  to  require 
from  the  state  engineering  department,  and  it  is 
hereby  made  the  duty  of  said  department  to  fur- 
nish all  necessary  data  to  show  the  amount  of 
state  highway  bond  money  expended  in  each  county. 

An  Act  authorizing  any  city  and  county  or  munici- 
pality within  this  state,  power  to  grant  fran- 
chises, to  lay  steam  heating  pipes  in  the  streets, 
roads,  avenues,  alleys  and  public  highways,  for 
the  purpose  of  carrying  steam  to  be  used  for 
heating  purposes. 

[Approved  April  12,  1911;  Stats.  1911,   chap.  445.] 

The  people  of  the  State  of  California,  represented  in 

senate  and  assembly,  do  enact  as  follows: 

Section  1.     Power   is   hereby   given   to   all   cities 

and   counties   and   municipalities   within   this   state 

to  grant  franchises  for  the  purpose  of  laying  pipes 

in    the    streets,    roads,    avenues,   alleys   and    public 


ROAD  LAWS.  275 

highways  therein,  for  the  purpose  of  carrying  steam 
heat  under  high  pressure;  to  be  used,  distributed 
and  sold  to  the  inhabitants  thereof,  for  heating 
purposes. 

The  granting  of  such  franchises  shall  be  subject 
to  the  provisions  of  the  act  entitled  "An  act  pro- 
viding for  the  sale  of  street  railroad  and  other 
franchises  in  counties  and  municipalities,  and  pro- 
viding conditions  for  the  granting  of  such  fran- 
chises by  legislative  or  other  governing  bodies,  and 
repealing  conflicting  acts, "  and  any  act  or  acts 
amendatory  thereof. 

An  act  to  provide  for  work  upon  streets,  avenues, 
lanes,  alleys,  courts  and  places  forming  the  ex- 
terior boundaries  of  any  municipality,  whether 
partly,  or  wholly,  within  or  without  said  boun- 
daries, and  providing  for  the  construction  of 
sewers,  drains,  and  sidewalks  thereon  and  in 
connection  therewith. 

[Approved  April  21,  1911;   Stats.  1911,  chap.  496.] 

Streets,   etc.,   forming  exterior  boundaries  of  munici- 
pality,   covered  by   this   act. 

City  council  and  board  of  supervisors  may  order 
street  work. 

§     3.     Jurisdiction  over. 

§     4.     Resolution  of  intention  to  do  work.    Notice.    Ob- 
jections. 

i     5.     Owners  liable  to  be  assessed  may  petition. 

§     6.     Notice  to  be  posted.     Proposals  or  bids.     Award 
of  contract. 

§     7.     Superintendent  of  streets  or  county  surveyor  to 
make  the  contract. 

§     8.     Bond  of   contractor.     Claims. 

j     9.     Expenses  of  work,   how  assessed. 

§  10.     Superintendent  of  streets  or  county  surveyor  to 
make  assessment.     Diagram. 

§  11.     Warrant,  form  of.     Recordation  of  warrant,  as- 
sessment and  diagram. 

§  12.     Amount  assessed,  how  collected  and  paid. 
13.     Aggrieved  owners  may  appeal. 

§  14.     Suit  to  recover  street  assessments. 

§  15.     Assessment  may  be  made  before   completion   of 
work. 

§  16.    Records  of  street  superintendent  or  county  sur- 
veyor. 


276  EOAD  LAWS. 


§  17.     Service  of  notices. 

§  18.    Acceptance  of  street. 

§  19.  Authority  to  construct  sewers,  manholes,  gutters, 
etc. 

§  20.  Council  or  board  may  order  expenses  of  work 
paid  out  of  treasury. 

§  21.  When  part  order  paid  out  of  treasury,  remainder 
how  assessed. 

§  22.  City  engineer  or  county  surveyor  to  do  surveying, 
etc. 

§  23.     "Incidental  expenses"  includes  what. 

§  24.     Notices,  etc.,  how  published. 

§  25.     "Council"  or  "board"  defined. 

§  26.  "Superintendent  of  streets"  and  "county  sur- 
veyor." Use  of  terms  explained. 

§  27.  "Work,"  "improved"  and  "improvements"  de- 
nned. 

§  28.     "Municipality"    defined. 

§  29.     "Paved"   or   "repaved"   defined. 

§  30.     "Street,"    "main    street"    and    "blocks"    defined. 

§  31.     "Street   superintendent"    defined. 

§  32.     "Clerk"   defined. 

§  33.     "Quarter  block"  defined. 

§  34.     "One  year"  defined. 

§  35.    When  act  takes  effect. 

Section  1.  All  streets,  avenues,  lanes,  alleys, 
courts,  or  places  forming  the  exterior  boundaries 
of  any  municipality  of  this  state,  whether  partly, 
or  wholly,  within  or  without  said  boundaries,  now 
open  or  dedicated,  or  which  may  hereafter  be  opened 
or  dedicated  to  public  use,  shall  be  deemed  and 
held  to  be  open  public  streets,  avenues,  lanes,  alleys, 
places  or  courts  for  the  purposes  of  this  act,  and 
the  city  council  of  each  municipality,  and  the  board 
of  supervisors  of  the  county  in  which  said  munici- 
pality is  located,  are  hereby  empowered  to  establish 
and  change  the  grades  of  said  streets,  lanes,  alleys, 
avenues,  places  or  courts,  and  fix  the  width  thereof, 
and  are  hereby  invested  with  jurisdiction  to  order 
to  be  done  thereon  any  of  the  work  mentioned  in 
section  two  of  this  act,  under  the  proceedings  here- 
inafter described. 

Sec.  2.  Whenever  the  public  interest  or  con- 
venience may  require,  said  council  and  said  board 
of  supervisors  are  hereby  authorized  and  empowered 
to  order  the  whole,  or  any  portion,  either  in  length 
or  width,  of  any  streets,  avenues,  lanes,  alleys,  places 


EOAD  LAWS.  277 

or  courts  forming  the  exterior  boundaries  of  any 
municipality,  whether  partly,  or  wholly,  within  or 
without  said  boundaries,  graded  or  regraded  to  the 
ofiicial  grade,  planked  or  replanked,  paved  or  re- 
paved,  macadamized  or  re-macadamized,  graveled  or 
regraveled,  piled  or  repiled,  capped  or  recapped, 
oiled  or  reoiled,  sewered  or  resewered,  and  to  order 
sidewalks,  manholes,  culverts,  bridges,  cesspools, 
gutters,  tunnels,  curbings  and  crosswalks  to  be  con- 
structed therein,  and  to  order  storm  water  ditches, 
channels,  breakwaters,  levees  or  walls  of  rock  or 
other  material  to  protect  the  same  from  overflow 
or  injury,  and  to  order  any  other  work  to  be  done, 
which  shall  be  necessary  to  complete  the  whole,  or 
any  portion  of  said  streets,  avenues,  lanes,  'alleys, 
courts,  places  or  sidewalks,  and  they  may  order 
any  of  said  work  to  be  improved;  and  also  to  order 
a  sewer  or  sewers  with  outlets  for  drainage  or  sani- 
tary purposes,  in,  over,  or  through  any  right  of 
way  granted  or  obtained  for  such  purposes. 

Sec.  3.  The  council  of  each  municipality,  and 
the  board  of  supervisors  of  the  county  in  which 
said  municipality  is  located,  shall  have  concurrent 
jurisdiction  of  all  proceedings  under  this  act,  and 
the  council,  or  board,  passing  the  resolution  of  in- 
tention hereinafter  provided  for  shall  thereafter 
have  exclusive  jurisdiction  of  all  work  and  pro- 
ceedings covered  by  said  resolution,  except  as  here- 
in otherwise  provided. 

Sec.  4.  Before  ordering  any  work  done,  or  im- 
provement made,  which  is  authorized  by  section 
two  of  this  act,  the  said  council,  or  the  said  board 
of  supervisors,  shall  pass  a  resolution  of  intention 
so  to  do  and  describing  the  work,  which  shall  be 
posted  conspicuously  for  two  days  on  or  near  the 
chamber  door  of  said  council,  or  board,  and  pub- 
lished by  two  insertions  in  one  or  more  daily,  semi- 
weekly,  or  weekly  newspapers  published  and  circu- 
lated in  said  municipality,  and  designated  by  said 
council,  or  board,  for  that  purpose.  The  street 
superintendent  of  said  municipality,  when  the  reso- 
lution is  passed  by  said  council,  or  the  county  sur- 


278  EOAD  LAWS. 

veyor,  when  the  resolution  is  passed  by  said  board, 
shall  thereupon  cause  to  be  conspicuously  posted 
along  the  line  of  said  contemplated  work  or  im- 
provement, at  not  more  than  one  hundred  feet  in 
distance  apart,  but  not  less  than  three  in  all,  or 
when  the  work  to  be  done  is  only  upon  an  entire 
crossing,  or  any  part  thereof,  in  front  of  each 
quarter  block  and  irregular  block  liable  to  be  as- 
sessed, notices  of  the  passage  of  said  resolution. 
Said  notice  shall  be  headed  "notice  of  street  work,;' 
in  letters  of  not  less  than  one  inch  in  length,  and 
shall,  in  legible  characters,  state  the  fact  of  the 
passage  of  the  resolution,  its  date,  and  briefly  the 
work  or  improvement  proposed,  and  refer  to  the 
resolution  for  further  particulars.  He  shall  also 
cause  a  notice,  similar  in  substance,  to  the  pub- 
lished for  six  days  in  one  or  more  daily  newspapers 
published  and  circulated  in  said  municipality,  and 
designated  by  said  council,  or  board,  or  in  munici- 
palities where  there  is  no  daily  newspaper,  by  one 
insertion  in  a  semi-weekly  or  weekly  newspaper  so 
published  circulated  and  designated.  In  case  there 
is  no  such  paper  published  in  said  municipality, 
said  notice  shall  be  posted  for  six  days  on  or  near 
the  chamber  door  of  said  council,  or  board,  and 
in  two  other  conspicuous  places  in  said  municipality. 
The  owners  of  a  majority  of  the  frontage  of  the 
property  fronting  on  said  proposed  work  or  im- 
provement, where  the  same  is  for  one  block  or 
more,  may  make  a  written  objection  to  the  same 
within  ten  days  after  the  expiration  of  the  time 
of  the  publication  and  posting  of  said  notice,  which 
objection  shall  be  delivered  to  the  clerk  of  the 
council,  or  board,  who  shall  indorse  thereon  the 
date  of  its  reception  by  him.  Said  council,  or 
board,  shall,  at  its  next  meeting,  fix  a  time  for 
hearing  said  objections  not  less  than  one  week 
thereafter.  The  clerk  of  said  council,  or  board, 
shall  thereupon  notify  the  persons  making  such  ob- 
jections, by  depositing  a  notice  of  the  time  and 
place  fixed  for  the  hearing  of  said  objections  in  the 
post  office  of  said  municipality,  postage  prepaid, 


BOAD  LAWS.  279 

addressed  to  each  objector,  or  his  agent,  when  he 
appears  for  such  objector.  At  the  time  specified 
said  council,  or  board,  shall  hear  the  objections 
urged,  and  pass  upon  the  same,  and  its  decision 
thereon  shall  be  final  and  conclusive.  At  the  ex- 
piration of  twenty  days  after  the  expiration  of  the 
time  of  said  publication  of  said  notice  given  by 
said  street  superintendent,  or  county  surveyor,  and 
at  the  expiration  of  twenty-five  days  after  the  ad- 
vertising and  posting,  as  aforesaid,  of  any  resolu- 
tion of  intention,  if  no  written  objection  to  the 
work  therein  described  has  been  delivered,  as  afore- 
said, by  the  owners  of  the  majority  of  the  frontage 
of  the  property  fronting  on  said  proposed  work  or 
improvement  or  if  any  written  objection  has  been 
overruled  by  the  said  council,  or  board,  the  said 
council,  or  board,  shall  be  deemed  to  have  acquired 
jurisdiction  to  order  any  of  the  work  to  be  done, 
or  improvement  to  be  made,  which  is  authorized  by 
this  act;  which  order  or  resolution,  when  made,  shall 
be  published  for  two  days,  the  same  as  provided 
for  the  publication  of  the  resolution  of  intention. 
Before  passing  any  resolution  for  the  construction 
of  said  improvements,  plans  and  specifications  and 
careful  estimates  of  the  costs  and  expenses  thereof 
shall  be  furnished  to  said  council,  or  board,  if  re- 
quired, by  the  city  engineer  of  said  municipality, 
or  the  county  surveyor,  and  for  the  work  of  con- 
structing sewers,  specifications  shall  always  be  fur- 
nished by  him.  Whenever  the  contemplated  work 
of  improvement,  in  the  opinion  of  the  council,  or 
board,  is  of  more  than  local  or  ordinary  public 
benefit,  or  whenever,  according  to  estimate  to  be 
furnished  by  the  ,city  engineer,  or  county  surveyor, 
the  total  estimated  costs  and  expenses  thereof  would 
exceed  one-half  of  the  total  assessed  value  of  tne 
lots  and  lands  assessed,  if  assessed  upon  the  lots  or 
land  fronting  upon  said  proposed  work  or  improve- 
ment, according  to  the  valuation  fixed  by  the  last 
assessment  roll  whereon  it  was  assessed  for  taxes 
for  county  purposes,  and  allowing  a  reasonable 
depth  from  such  frontage  for  lots  or  lands  assessed 


280  BOAD  LAWS. 

in  bulk,  the  council,  or  board,  may  make  the  ex- 
pense of  such  work  or  improvement  chargeable  upon 
a  district,  which  the  said  council,  or  board,  shall, 
in  its  resolution  of  intention,  declare  to  be  the  dis- 
trict benefited  by  said  work  or  improvement,  and 
to  be  assessed  to  pay  the  costs  and  expenses  thereof. 
Objections  to  the  extent  of  the  district  of  lands  to 
be  affected  or  benefited  by  said  work  or  improve- 
ment, and  to  be  assessed  to  pay  the  costs  and  ex- 
penses thereof,  may  be  made  by  interested  parties 
in  writing,  within  ten  days  after  the  expiration 
of  the  time  of  the  publication  of  the  notice  of 
the  passage  of  the  resolution  of  intention.  The 
council,  or  board,  shall,  at  its  next  meeting,  fix  a 
time  for  hearing  said  objections  not  less  than  one 
week  thereafter.  The  clerk  thereof  shall  thereupon 
notify  the  persons  making  such  objections  by  de- 
positing a  notice  thereof  in  the  post  ofiice  of  said 
municipality,  postage  prepaid,  addressed  to  each  ob- 
jector. At  the  time  specified  the  council,  or  board, 
shall  hear  the  objections  urged,  and  pass  upon  the 
same,  and  its  decision  shall  be  final  and  conclusive. 
If  the  objections  are  sustained,  all  proceedings  shall 
be  stopped;  but  proceedings  may  be  immediately 
again  commenced  by  giving  the  notice  of  intention 
to  do  the  said  work  or  make  said  improvements. 
If  the  objections  are  overruled  by  the  council,  or 
board,  the  proceedings  shall  continue  the  same  as 
if  such  objections  had  not  been  made. 

Sec.  5.  The  owners  of  a  majority  in  frontage 
of  lots  and  lands  fronting  on  any  street,  avenue, 
lane,  alley,  place  or  court,  or  of  lots  or  lands  liable 
to  be  assessed  for  the  expense  of  the  work  peti- 
tioned to  be  done,  or  their  duly  authorized  agents, 
may  petition  the  council,  or  board  to  order  any  of 
the  work  mentioned  in  this  act  to  be  done,  and 
the  council  or  board,  may  order  the  work  men- 
tioned in  said  petition  to  be  done,  after  notice  of 
its  intention  so  to  do  has  been  posted  and  published 
as  provided  in  section  four  of  this  act. 

Sec.  6.     Before  the  awarding  of  any  contract  by 


KOAD  LAWS.  281 

the  council,  or  board,  for  doing  any  work  author- 
ized by  this  act,  the  council,  or  board,  shall  cause 
notice,  with  specifications,  to  be  posted  conspicu- 
ously for  five  days  on  or  near  the  council,  or  board, 
chamber  door,  inviting  sealed  proposals  or  bids  for 
doing  the  work  ordered,  and  shall  also  cause  notice 
of  said  work,  inviting  said  proposal,  and  referring 
to  the  specifications  posted  or  on  file,  to  be  pub- 
lished for  two  days  in  a  daily,  semi-weekly,  or 
weekly  newspaper  published  and  circulated  in  said 
municipality,  designated  by  the  council,  or  board, 
for  that  purpose,  and  in  case  there  is  no  newspaper 
published  in  said  municipality,  then  it  shall  only 
be  posted  as  hereinbefore  provided.  All  proposals 
or  bids  offered  shall  be  accompanied  by  a  check 
payable  to  the  order  of  the  mayor  of  the  munici- 
pality, or  president  of  the  board  of  supervisors,  cer- 
tified by  a  responsible  bank,  for  an  amount  which 
shall  not  be  less  than  ten  per  cent  of  the  aggregate 
of  the  proposal,  or  by  a  bond  for  the  said  amount 
and  so  payable,  signed  by  the  bidder  and  by  two 
sureties,  who  shall  justify,  before  any  officer  com- 
petent to  administer  an  oath,  in  double  the  said 
amount,  over  and  above  all  statutory  exemptions. 
Said  proposals  or  bids  shall  be  delivered  to  the  clerk 
of  said  council,  or  board,  and  said  council,  or  board, 
shall,  in  open  session,  examine  and  publicly  declare 
the  same;  provided,  however,  that  no  proposal  or 
bid  shall  be  considered  unless  accompanied  by  said 
check  or  bond  satisfactory  to  the  council,  or  board. 
The  council,  or  board,  may  reject  any  and  all  pro- 
posals or  bids  should  it  deem  this  for  the  public 
good,  and  also  the  bid  of  any  party  who  has  been 
delinquent  and  unfaithful  in  any  former  contract 
with  the  municipality  or  county,  and  shall  reject 
all  proposals  or  bids  other  than  the  lowest  regular 
proposal  or  bid  of  any  responsible  bidder,  and  may 
award  the  contract  for  said  work  or  improvement 
to  the  lowest  responsible  bidder  at  the  prices  named 
in  his  bid.  If  not  approved  by  the  council,  01 
board,  without  further  proceedings,  the  council,  or 
board,  may  readvertise  for  proposals  or  bids  for 


282  EOAD  LAWS. 

the  performance  of  the  work  as  in  the  first  in- 
stance, and  thereafter  proceed  in  the  manner  in 
this  section  provided,  and  shall  thereupon  return 
to  the  proper  parties  the  respective  checks  and 
bonds  corresponding  to  the  bid  so  rejected.  But 
the  checks  accompanying  such  accepted  proposals 
or  bids  shall  be  held  by  the  clerk  of  said  council, 
or  board,  until  the  contract  for  doing  said  work, 
as  hereinafter  provided,  has  been  entered  into, 
either  by  said  lowest  bidder  or  by  the  owners  of 
three-fourths  part  of  the  frontage,  whereupon  said 
certified  check  shall  be  returned  to  said  bidder. 
But  if  said  bidder  fails,  neglects  or  refuses  to 
enter  into  the  contract  to  perform  said  work  or 
improvement,  as  hereinafter  provided,  then  the  cer- 
tified check  accompanying  his  bid  and  the  amount 
therein  mentioned,  shall  be  declared  to  be  forfeited 
to  said  municipality,  or  county,  and  shall  be  col- 
lected by  it  and  paid  into  its  fund  for  repairs  of 
streets,  avenues,  lanes,  alleys,  courts  and  places 
herein  mentioned,  and  any  bond  forfeited  may  be 
prosecuted,  and  the  amount  due  thereon  collected 
and  paid  into  said  fund.  Notice  of  such  awards 
of  contracts  shall  be  posted  for  five  days,  in  the 
same  manner  as  hereinbefore  provided  for  the  post- 
ing of  proposals  for  said  work,  and  shall  be  pub- 
lished for  two  days  in  a  daily  newspaper  published 
and  circulated  in  said  municipality  and  designated 
by  said  council,  or  board,  or  in  municipalities  where 
there  is  no  daily  newspaper,  by  one  insertion  in  a 
semi-weekly  or  weekly  newspaper  so  published,  cir- 
culated and  designated;  provided,  however,  that  in 
case  there  is  no  newspaper  printed  or  published  in 
any  such  municipality,  then  such  notice  of  award 
shall  only  be  kept  posted  as  hereinbefore  provided. 
The  owners  of  three-fourths  of  the  frontage  of  lots 
and  lands  upon  the  street  whereon  said  work  is 
to  be  done,  or  their  agents,  and  who  shall  make 
oath  that  they  are  such  owners  or  agents,  shall 
not  be  required  to  present  sealed  proposals  or  bids, 
but  may,  within  ten  days  after  the  first  posting  and 
publication  of  said  notice  of  said  award,  elect  to 


EOAD  LAWS.  283 

take  said  work  and  enter  into  a  written  contract 
to  do  the  whole  work  at  the  price  at  which  the 
same  has  been  awarded.  Should  the  said  owners 
fail  to  elect  to  take  said  work,  and  to  enter  into 
a  written  contract  therefor  within  ten  days,  or 
to  commence  the  work  within  fifteen  days  after 
the  first  posting  and  publication  of  said  award,  and 
to  prosecute  the  same  with  diligence  to  completion, 
it  shall  be  the  duty  of  the  superintendent  of  streets, 
or  county  surveyor,  to  enter  into  a  contract  with 
the  original  bidder  to  whom  the  contract  was 
awarded,  and  at  the  prices  specified  in  his  bid.  But 
if  such  original  bidder  neglects,  fails  or  refuses,  for 
fifteen  days  after  the  'first  posting  and  publication 
of  the  notice  of  award,  to  enter  into  the  contract, 
then  the  council,  or  board,  without  further  pro- 
ceedings, shall  again  advertise  for  proposals  or  bids, 
as  in  the  first  instance,  and  award  the  contract 
for  said  work  to  the  then  lowest  regular  bidder. 
The  bids  of  all  persons  and  the  election  of  all 
owners,  as  aforesaid,  who  have  failed  to  enter  into 
the  contract  as  herein  provided,  shall  be  rejected 
in  any  bidding  or  election  subsequent  to  the  first 
for  the  same  work.  If  the  owner,  or  contractor, 
who  may  have  taken  any  contract,  does  not  com- 
plete the  same  within  the  time  limited  in  the  con- 
tract, or  within  such  further  time  as  the  council, 
or  board,  may  give  them,  the  superintendent  of 
streets,  or  county  surveyor,  shall  report  such  de- 
linquency to  the  council,  or  board,  which  may  relet 
the  unfinished  portion  of  said  work,  after  pursuing 
the  formalities  prescribed  hereinbefore  for  the  let- 
ting of  the  whole  in  the  first  instance.  All  con- 
tractors, contracting  owners  included,  shall,  at  the 
time  of  executing  any  contract  for  street  work, 
execute  a  bond  to  the  satisfaction  and  approval  of 
the  superintendent  of  streets,  or  county  surveyor, 
with  two  or  more  sureties  and  payable  to  such 
municipality,  or  county,  in  such  sums  as  the  council, 
or  board,  shall  deem  adequate,  conditioned  for  the 
faithful  performance  of  the  contract;  and  the  sure- 
ties shall  justify  before  any  person  competent  to 


284  EOAD  LAWS. 

administer  an  oath,  in  double  the  amount  men- 
tioned in  said  bond,  over  and  above  all  statutory 
exemptions.  Before  being  entitled  to  a  contract, 
the  bidder  to  whom  the  award  was  made,  or  the 
owners  who  have  elected  to  take  the  contract,  must 
advance  to  the  superintendent  of  streets,  or  county 
surveyor,  for  payment  by  him,  the  cost  of  publica- 
tion of  the  notices,  resolutions,  orders,  or  other  in- 
cidental expenses  and  matters  required  under  the 
proceedings  prescribed  in  this  act,  and  such  other 
notices  as  may  be  deemed  requisite  by  the  council, 
or  board.  And  in  case  the  work  is  abandoned  by 
the  council,  or  board,  before  the  letting  of  the 
contract,  the  incidental  expenses  incurred  previous 
to  such  abandonment  shall  be  paid  out  of  the 
treasury  of  the  municipality,  or  county. 

Sec.  7.  The  superintendent  of  streets,  or  county 
surveyor,  is  hereby  authorized,  in  his  official  ca- 
pacity, to  make  all  written  contracts,  and  receive 
all  bonds  authorized  by  this  act,  and  to  do  any 
other  act,  either  express  or  implied,  that  pertains 
to  the  street  department  under  this  act;  and  he 
shall  fix  the  time  for  the  commencement,  which 
shall  not  be  more  than  fifteen  days  from  the  date 
of  the  contract,  and  for  the  completion  of  the 
work  under  all  contracts  entered  into  by  him, 
which  work  shall  be  prosecuted  with  diligence 
from  day  to  day  thereafter  to  completion,  and  he 
may  extend  the  time  so  fixed  from  time  to  time, 
under  the  direction  of  the  council,  or  board.  The 
work  provided  for  in  section  two  of  this  act  must, 
in  all  cases,  be  done  under  the  direction  and  to 
the  satisfaction  of  the  superintendent  of  streets, 
or  county  surveyor,  and  the  materials  used  shall 
comply  with  the  specifications  and  be  to  the  satis- 
faction of  said  superintendent  of  streets,  or  county 
surveyor,  and  all  contracts  made  therefor  must 
contain  a  provision  to  that  effect,  and  also  express 
notice  that,  in  no  case,  except  where  it  is  other- 
wise provided  in  this  act,  will  the  municipality,  or 
county,  or  any  officer  thereof,  be  liable  for  any 
portion  of  the  expense,  nor  for  any  delinquency 


ROAD  LAWS.  285 

of  persons  or  property  assessed.  The  council,  or 
board,  may,  by  ordinance,  prescribe  general  rules 
directing  the  superintendent  of  streets,  or  county 
surveyor  and  the  contractor,  as  to  the  materials 
to  be  used,  and  the  mode  of  executing  the  work, 
under  all  contracts  thereafter  made.  The  assess- 
ment and  apportionment  of  the  expenses  of  all 
such  work  or  improvements  shall  be  made  by  the 
superintendent  of  streets,  or  county  surveyor,  in 
the  mode  herein  provided. 

Sec.  8.  Every  contractor,  person,  company  or 
corporation,  including  contracting  owners,  to  whom 
is  awarded  any  contract  for  street  work  under 
this  act,  shall,  before  executing  the  said  contract, 
file  with  the  superintendent  of  streets,  or  county 
surveyor,  a  good  and  sufficient  bond,  approved  by 
him,  in  a  sum  not  less  than  one-half  of  the  total 
amount  payable  according  to  the  terms  of  said  con- 
tract, such  bond  shall  be  made  to  inure  to  the 
benefit  of  any  and  all  persons,  companies,  or  cor- 
porations who  perform  labor  on,  or  furnish  ma- 
terials to  be  used  in  the  said  work  of  improve- 
ment, and  shall  provide  that  if  the  contractor, 
person,  company,  or  corporation  to  whom  said  con- 
tract was  awarded  fails  to  pay  for  any  materials 
so  furnished  for  the  said  work  of  improvement, 
or  for  any  work  of  labor  done  thereon  of  any  kind, 
that  the  sureties  will  pay  the  same,  to  an  amount 
not  exceeding  the  sum  specified  in  said  bond.  Any 
materialmen,  person,  company  or  corporation,  fur- 
nishing materials  to  be  used  in  the  performance  of 
said  work  specified  in  said  contract,  or  who  per- 
formed work  or  labor  upon  the  said  improvement, 
whose  claim  has  not  been  paid  by  the  said  con- 
tractor, company,  or  corporation,  to  whom  the  said 
contract  was  awarded,  may,  within  thirty  days 
from  the  time  said  improvement  is  completed,  file 
with  the  superintendent  of  streets  or  county  sur- 
veyor, a  verified  statement  of  his  or  its  claim, 
together  with  a  statement  that  the  same,  or  some 
part  thereof,  has  not  been  paid.  At  any  time 
within  ninety  days  after  the  filing  of  such  claim, 


286  KOAD  LAWS. 

the  person,  company,  or  corporation,  filing  the  same 
or  their  assigns  may  commence  an  action  on  said 
bond  for  the  recovery  of  the  amount  due  on  said 
claim,  together  with  the  costs  incurred  in  said 
action,  and  a  reasonable  attorney  fee,  to  be  fixed 
by  the  court,  for  the  prosecution  thereof. 

Sec.  9.  Sub.  1.  The  expenses  incurred  for  any 
work  authorized  by  this  act  (which  expense  shall 
not  include  the  cost  of  any  work  done  in  such 
portion  of  any  street  as  is  required  by  law  to  be 
kept  in  order  or  repair  by  any  person  or  com- 
pany having  railroad  tracks  thereon,  nor  include 
work  which  shall  have  been  declared  in  the  reso- 
lution of  intention  to  be  assessed  on  a  district 
benefited)  shall  be  assessed  upon  the  lots  and  lands 
fronting  thereon,  except  as  hereinafter  specifically 
provided;  each  lot  or  portion  of  a  lot  being  sepa- 
rately assessed,  in  proportion  to  the  frontage,  at 
a  rate  per  front  foot  sufficient  to  cover  the  total 
expense  of  the  work. 

Sub.  2.  The  expense  of  all  improvements,  until 
the  streets,  avenues,  street  crossings,  lanes,  alleys, 
places,  or  courts,  are  finally  accepted,  as  provided 
in  section  eighteen  of  this  act  shall  be  assessed 
upon  the  lots  and  lands,  as  provided  in  this  sec- 
tion, according  to  the  nature  and  character  of  the 
work.  And  after  such  acceptance  the  expense  of 
all  work  thereafter  done  on  the  portion  thereof 
lying  within  the  municipality  shall  be  paid  by  said 
municipality  out  of  the  street  department  fund,  and 
all  work  thereafter  done  on  the  portion  thereof 
lying  without  the  boundaries  of  the  municipality 
shall  be  paid  by  said  county  out  of  the  general 
road  fund,  and  if  at  any  time  thereafter  the  por- 
tion thereof  lying  without  the  boundaries  of  said 
municipality  shall  be  included  within  its  bounda- 
ries, then  the  expense  of  all  work  thereafter  done 
thereon  shall  be  paid  by  said  municipality  out  of 
the  said  street  department  fund. 

Sub.  3.  The  expense  of  the  work  done  on  main 
street  crossings  shall  be  assessed  at  a  uniform  rate 


EOAD  LAWS.  287 

per  front  foot  of  the  quarter  blocks  and  irregular 
blocks  adjoining  and  cornering  upon  the  crossings, 
and  separately  upon  the  whole  of  each  lot  or  por- 
tion of  a  lot  having  any  frontage  in  the  said  blocks 
fronting  on  said  main  streets,  half  way  to  the 
next  main  street  crossing,  and  three  hundred  feet 
on  blocks  where  no  such  crossing  intervenes  within 
six  hundred  feet  of  such  street  crossing,  but  only 
according  to  its  frontage  in  said  quarter  blocks  and 
irregular  blocks. 

Sub.  4.  Where  a  main  street  terminates  in  an- 
other main  street,  the  expenses  of  the  work  done 
on  one-half  of  the  width  of  the  street  opposite  the 
termination  shall  be  assessed  upon  the  lots  in  each 
of  the  two  quarter  blocks  adjoining  and  corner- 
ing on  the  same,  according  to  the  frontage  of  such 
lots  on  said  main  streets  provided,  that  lots  and 
lands  more  than  three  hundred  feet  from  such  ter- 
mination on  such  cross  street  shall  not  be  assessed 
for  any  portion  of  such  expense  at  such  termina- 
tion, and  the  expense  of  the  other  half  of  the 
width  of  said  street  upon  the  lot  or  lots  fronting 
on  the  latter  half  of  the  street  at  such  termination. 

Sub.  5.  Where  an  alley  or  subdivision  street 
crosses  a  main  street,  the  expense  of  all  work  done 
on  said  crossing  shall  be  assessed  on  all  lots  or 
portions  of  lots  half  way  on  said  alley  or  sub- 
division street  to  the  next  crossing  or  intersection, 
or  to  the  end  of  such  alley  or  subdivision  street, 
if  it  does  not  meet  another. 

Sub.  6.  The  expense  of  work  done  on  alley  or 
subdivision  street  crossings  shall  be  assessed  upon 
the  lots  fronting  upon  such  alley  or  subdivision 
streets  on  each  side  thereof,  in  all  directions,  half 
way  to  the  next  street,  place  or  court,  on  either 
side,  respectively,  or  to  the  end  of  such  alley  or 
subdivision  street,  if  it  does  not  meet  another 
provided  that  lots  and  lands  more  than  three  hun- 
dred feet  from  such  crossing  on  such  alley  or  sub- 
division street  shall  not  be  assessed  therefor. 

Sub.  7.     Where  a  subdivision  street,  avenue,  lane, 


288  EOAD  LAWS. 

alley,  place,  or  court  terminates  in  another  street, 
avenue,  lane,  alley,  place  or  court,  the  expense  of 
the  work  done  on  one-half  of  the  width  of  the 
subdivision  street,  avenue,  lane,  alley,  place,  or 
court  opposite  the  termination,  shall  be  assessed 
upon  the  lot  or  lots  fronting  on  such  subdivision 
street,  or  avenue,  lane,  alley,  place,  or  court  so 
terminating,  according  to  its  frontage  thereon,  half 
way  on  each  side  respectively  to  the  next  street, 
avenue,  lane,  alley,  court,  or  place,  or  to  the  end 
of  such  street,  avenue,  lane,  alley,  place,  or  court, 
if  it  does  not  meet  another  provided,  that  lots 
and  lands  located  more  than  three  hundred  feet 
from  such  termination  on  such  subdivision  street 
shall  not  be  assessed  therefor,  and  the  other  one- 
half  of  the  width  upon  the  lots  fronting  such  ter- 
mination. 

Sub.  8.  Where  any  work  mentioned  in  this  act 
(manholes,  cesspools,  culverts,  crosswalks,  piling, 
and  capping  excepted)  is  done  on  either  or  both 
sides  of  the  center  line  of  any  street  for  one 
block  or  less,  and  further  work  opposite  to  the 
work  of  the  same  class  already  done  is  ordered  to 
be  done  to  complete  the  unimproved  portion  of 
said  street,  the  assessment  to  cover  the  total  ex- 
penses of  said  work  so  ordered  shall  be  made  upon 
the  lots,  or  portions  of  the  lots  only  fronting  the 
portions  of  the  work  so  ordered. 

Sub.  9.  Section  one  of  chapter  three  hundred 
and  twenty-five  of  the  laws  of  this  state,  entitled 
"An  act  amendatory  of  and  supplementary  to  an 
act  to  provide  revenue  for  the  support  of  the  gov- 
ernment of  this  state,  approved  April  twenty-ninth, 
eighteen  hundred  and  fifty-seven,77  approved  April 
nineteenth,  eighteen  hundred  and  fifty-nine,  shall 
not  be  applicable  to  the  provisions  of  this  section; 
but  the  property  herein  mentioned  shall  be  subject 
to  the  provisions  of  this  act,  and  be  assessed  for 
work  done  under  the  provisions  of  this  section. 

Sub.  10.  The  council,  or  board,  may  include  in 
one  resolution  of  intention  and  order  any  of  the 


ROAD  LAWS.  289 

different  kinds  of  work  mentioned  in  this  act,  and 
it  may  except  therefrom  any  of  said  work  already 
done  upon  the  street  to  the  official  grade.  The 
lots  and  portions  of  lots  fronting  upon  said  ex- 
cepted  work  already  done  shall  not  be  included 
in  the  frontage  assessment  for  the  class  of  work 
from  which  the  exception  is  made. 

Sub.  11.  Whenever  the  resolution  of  intention 
declares  that  the  costs  and  expenses  of  the  work 
and  improvement  are  to  be  assessed  upon  a  dis- 
trict the  council,  or  board,  shall  direct  the  city 
engineer,  or  county  surveyor,  to  make  a  diagram 
of  the  property  affected  or  benefited  by  the  pro- 
posed work  or  improvement,  as  described  in  the 
resolution  of  intention,  and  to  be  assessed  to  pay 
the  expenses  thereof.  Such  diagram  shall  show 
each  separate  lot,  piece  or  parcel  of  land,  the  area 
in  square  feet  of  each  of  such  lots,  pieces,  or  par- 
cels of  land,  and  the  relative  location  of  the  same 
to  the  work  proposed  to  be  done,  all  within  the 
limits  of  the  assessment  district;  and  when  said 
diagram  shall  have  been  approved  by  the  council, 
or  board,  the  clerk  shall,  at  the  time  of  such  ap- 
proval, certify  the  fact  and  date  thereof.  Imme- 
diately thereafter  the  said  diagram  shall  be  de- 
livered to  the  superintendent  of  streets,  or  county 
surveyor,  of  said  municipality,  or  county,  who  shall, 
after  the  contractor  of  any  street  work  has  ful- 
filled his  contract  to  the  satisfaction  of  said  super- 
intendent of  streets,  or  county  surveyor,  and  coun- 
cil, or  board  on  appeal,  if  an  appeal  is  taken,  pro- 
ceed to  estimate  upon  the  lands,  lots  or  portions 
of  lots  within  said  assessment  district,  as  shown 
by  said  diagram,  the  benefits  arising  from  such 
work,  and  to  be  received  by  each  such  lot,  por- 
tion of  such  lot,  piece,  or  subdivision  of  land,  and 
shall  thereupon  assess  upon  and  against  said  lands 
in  said  assessment  district  the  total  amount  of  the 
costs  and  expenses  of  such  proposed  work,  and  in 
so  doing  shall  assess  said  total  sum  upon  the  sev- 
eral pieces,  parcels,  lots,  or  portions  of  lots,  and 
subdivisions  of  land  in  said  district  benefited  there- 


290  KOAD  LAWS. 

by,  to  wit:  upon  each  respectively  in  proportion 
to  the  estimated  benefits  to  be  received  by  each 
of  said  several  lots,  portions  of  lots,  or  subdivisions 
of  land.  In  other  respects  the  assessment  shall  be 
as  provided  in  the  next  section  and  the  provisions 
of  subdivisions  three,  four,  five,  six,  seven  and 
eight  of  this  section  shall  not  be  applicable  to  the 
work  or  improvement  provided  for  in  this  sub- 
division. 

Sec.  10.  After  the  contractor  of  any  street  work 
has  fulfilled  his  contract  to  the  satisfaction  of  the 
street  superintendent,  or  county  surveyor,  and  coun- 
cil, or  board,  on  appeal,  if  an  appeal  is  taken,  the 
street  superintendent,  or  county  surveyor,  shall 
make  an  assessment  to  cover  the  sum  due  for  the 
work  performed  and  specified  in  said  contract  (in- 
cluding any  incidental  expenses),  in  conformity 
with  the  provisions  of  the  preceding  section  ac- 
cording to  the  character  of  the  work  done;  or,  if 
any  direction  and  decision  be  given  by  said  coun- 
cil, or  board,  on  appeal,  then  in  conformity  with 
such  direction  and  decision,  which  assessment  shall 
briefly  refer  to  the  contract,  the  work  contracted 
for  and  performed,  and  shall  show  the  amount  to 
be  paid  therefor,  together  with  any  incidental  ex- 
penses, the  rate  per  front  foot  assessed,  if  the  as- 
sessment be  made  per  front  foot,  the  amount  of 
each  assessment,  the  name  of  the  owner  of  each 
lot  or  portion  of  a  lot  (if  known  to  the  street 
superintendent,  or  county  surveyor,  if  unknown  the 
word  " unknown"  shall  be  written  opposite  the 
number  of  the  lot),  and  the  amount  assessed  there- 
on, the  number  of  each  lot  or  portion  or  portions 
of  a  lot  assessed,  and  shall  have  attached  thereto 
a  diagram  exhibiting  each  street  or  street  crossing, 
lane,  alley,  place,  or  court,  on  which  any  work  has 
been  done,  and  showing  the  relative  location  of 
each  district  lot,  or  portion  of  lot  to  the  work 
done,  numbered  to  correspond  with  the  numbers  in 
the  assessments,  and  showing  the  number  of  feet 
fronting,  or  number  of  lots  assessed,  for  said  work 
contracted  for  and  performed. 


EOAD  LAWS.  291 

Sec.  11.  To  said  assessment  shall  be  attached  a 
warrant,  which  shall  be  signed  by  the  superin- 
tendent of  streets,  or  county  surveyor,  and  coun- 
tersigned by  the  mayor  of  said  municipality,  or 
the  president  of  said  board.  The  said  warrant  shall 
be  substantially  in  the  following  form. 

FOEM  OF  THE  WARRANT. 

By  virtue  hereof,  I  (name  of  the  superintendent 

of  streets)  of  the  city  of ,  county  of , 

(or  county  surveyor  of  county,  or  city  and  county 

of ),  and  State  of  California,  by  virtue 

of  the  authority  vested  in  me  as  said  superin- 
tendent of  streets,  or  county  surveyor,  do  authorize 
and  empower  (name  of  contractor),  (his  or  their) 
agents  or  assigns,  to  demand  and  receive  the  sev- 
eral assessments  upon  the  assessment  and  diagram 
hereto  attached,  and  this  shall  be  (his  or  their) 
warrant  for  the  same. 

(Date.) 

Countersigned  by  (name  of  mayor  of  municipality 
or  president  of  board.) 


(Name    of   superintendent    of   streets 
or   county  surveyor.) 

Said  warrant,  assessment,  and  diagram,  together 
with  the  certificate  of  the  city  engineer,  or  county 
surveyor,  shall  be  recorded  in  the  office  of  said  su- 
perintendent of  streets,  or  county  surveyor.  When 
so  recorded,  the  several  amounts  assessed  shall  be  a 
lien  upon  the  lands,  lots,  or  portions  of  lots  as- 
sessed, respectively,  for  the  period  of  two  years 
from  the  date  of  said  recording,  unless  sooner  dis- 
charged; and  from  and  after  the  date  of  said  re- 
cording of  any  warrant,  assessment,  diagram  and 
certificate,  all  persons  mentioned  in  section  thir- 
teen of  this  act  shall  be  deemed  to  have  notice  of 
the  contents  of  the  record  thereof.  After  said 
warrant,  assessment,  diagram,  and  certificate  are 
recorded,  the  same  shall  be  delivered  to  the  con- 
tractor, or  his  agent,  or  assigns,  on  demand,  but 


292  EOAD  LAWS. 

not  until  after  the  payment  to  the  said  superin- 
tendent of  streets,  or  county  surveyor,  of  the  inci- 
dental expenses  not  previously  paid  by  the  con- 
tractor, or  his  assigns  and  by  virtue  of  said  war- 
rant said  contractor,  or  his  agent,  or  assigns,  shall 
be  authorized  to  demand  and  receive  the  amount 
of  the  several  assessments  made  to  cover  the  sum 
due  for  the  work  specified  in  such  contracts  and 
assessments.  Whenever  it  shall  appear  by  any 
final  judgment  of  any  court  of  this  state  that  any 
suit  brought  to  foreclose  the  lien  of  any  sum  of 
money  assessed  to  cover  the  expense  of  said  street 
work  done  under  the  provisions  of  this  act  has  been 
defeated  by  reason  of  any  defect,  error,  informal- 
ity, omission,  irregularity,  or  illegality  in  any  as- 
sessment hereafter  to  be  made  and  issued,  or  in  the 
recording  thereof,  or  in  the  return  thereof  made  to, 
or  recorded  by  said  superintendent  of  streets,  or 
county  surveyor,  any  person,  interested  therein 
may,  at  any  time  within  three  months  after  the 
entry  of  said  final  judgment,  apply  to  said  super- 
intendent of  streets,  or  county  surveyor,  who  is- 
sued the  same,  or  to  any  superintendent  of  streets, 
or  county  surveyor,  in  office  at  the  time  of  said 
application,  for  another  assessment  to  be  issued  in 
conformity  to  law;  and  said  superintendent  of 
streets,  or  county  surveyor,  shall,  within  fifteen 
days  after  the  date  of  said  application,  make  and 
deliver  to  said  applicant  a  new  assessment,  dia- 
gram, and  warrant  in  accordance  with  law;  and 
the  acting  mayor  of  the  municipality,  or  president 
of  the  board,  shall  countersign  the  same  as  now 
provided  by  law,  which  assessment  shall  be  a  lien 
for  the  period  of  two  years  from  the  date  of  said 
assessment,  and  be  enforced  as  provided  in  section 
nine  of  this  act. 

Sec.  12.  The  contractor,  or  his  assigns,  or  some 
person  in  his,  or  their  behalf,  shall  call  upon  the 
persons  assessed,  or  their  agents,  if  they  can  con- 
veniently be  found,  and  demand  payment  of  the 
amount  assessed  to  each.  If  any  payment  be 


KOAD  LAWS.  .  293 

made  the  contractor,  his  assigns,  or  some  person  in 
his  or  their  behalf,  shall  receipt  the  same  upon  the 
assessment  in  presence  of  the  person  making  such 
payment,  and  shall  also  give  a  separate  receipt  if 
demanded.  Whenever  the  persons  so  assessed,  or 
their  agents,  cannot  conveniently  be  found,  or 
whenever  the  name  of  the  owner  of  the  lot  is  stated 
as  "  unknown M  on  the  assessment,  then  the  said 
contractor,  or  his  assigns,  or  some  person  in  his  or 
their  behalf,  shall  publicly  demand  payment  on  the 
premises  assessed.  The  warrant  shall  be  returned 
to  the  superintendent  of  streets,  or  county  sur- 
veyor, within  thirty  days  after  its  date,  with  a 
return  indorsed  thereon,  signed  by  the  contractor, 
or  his  assigns,  or  some  person  in  his  or  their  behalf, 
verified  upon  oath,  stating  the  nature  and  character 
of  the  demand,  and  whether  any  of  the  assessments 
remain  unpaid,  in  whole  or  in  part,  and  the  amount 
thereof.  Thereupon  the  superintendent  of  streets, 
or  county  surveyor,  shall  record  the  return  so 
made,  in  the  margin  of  the  record  of  the  warrant 
and  assessment,  and  also  the  original  contract  re- 
ferred to  therein,  if  it  has  not  already  been  re- 
corded at  full  length  in  a  book  to  be  kept  for  that 
purpose  in  his  office,  and  shall  sign  the  record. 
The  said  superintendent  of  streets,  or  county  sur- 
veyor, is  authorized  at  any  time  to  receive  the 
amount  due  upon  any  assessment  list  and  warrant 
issued  by  him,  and  give  a  good  and  sufficient  dis- 
charge therefor;  provided,  that  no  such  payment  so 
made  after  suit  has  been  commenced,  without  the 
consent  of  the  plaintiff  in  the  action,  shall  operate 
as  a  complete  discharge  of  the  lien  until  the  costs 
in  the  action  shall  be  refunded  to  the  plaintiff;  and 
he  may  release  any  assessment  upon  the  books  of 
his  office,  on  the  payment  to  him  of  the  amount 
of  the  assessment  against  any  lot  with  interest,  or 
on  the  production  to  him  of  the  receipt  of  the 
party  or  his  assigns  to  whom  the  assessment  and 
warrant  were  issued;  and  if  any  contractor  shall 
fail  to  return  his  warrant  within  the  time  and 


294  EOAD  LAWS. 

in  the  form  provided  in  this  section  he  shall 
thenceforth  have  no  lien  upon  the  property  as- 
sessed; provided,  however,  that  in  case  any  war- 
rant is  lost,  upon  proof  of  such  loss  a  duplicate 
can  be  issued,  upon  which  a  return  may  be  made, 
with  the  same  effect  as  if  the  original  had  been  so 
returned.  After  the  return  of  the  assessment  and 
warrant  as  aforesaid,  all  amounts  remaining  due 
thereon  shall  draw  interest  at  the  rate  of  ten  per 
cent  per  annum  until  paid. 

Sec.  13.  The  owners,  whether  named  in  the  as- 
sessment or  not,  the  contractor,  or  his  assigns,  and 
all  other  persons  directly  interested  in  any  work 
provided  for  in  this  act,  or  in  the  assessment,  feel- 
ing aggrieved  by  any  act  or  determination  of  the 
superintendent  of  streets,  or  county  surveyor,  in 
relation  thereto,  or  who  claim  that  the  work  has 
not  been  performed  according  to  the  contract  in 
a  good  and  substantial  manner,  or  having  or  mak- 
ing any  objection  to  the  correctness  or  legality  of 
the  assessment  or  other  act,  determination,  or  pro- 
ceedings of  the  superintendent  of  streets,  or  county 
surveyor,  shall,  within  thirty  days  after  the  date  of 
the  warrant,  appeal  to  the  council,  or  board,  by 
briefly  stating  their  objections  in  writing,  and 
filing  the  same  with  the  clerk  of  said  council,  or 
board.  Notice  of  the  time  and  place  of  the  hear- 
ing, briefly  referring  to  the  work  contracted  to  be 
done,  or  other  subject  of  appeal,  and  to  the  acts, 
determinations  or  proceedings  objected  to  or  com- 
plained of,  shall  be  published  for  five  days.  Upon 
such  appeal,  the  said  council,  or  board  may  remedy 
and  correct  any  error  or  informality  in  the  pro- 
ceedings, and  revise  and  correct  any  of  the  acts 
or  determinations  of  the  superintendent  of  streets, 
or  county  surveyor,  relative  to  said  work;  may  con- 
firm, amend,  set  aside,  alter,  modify,  or  correct  the 
assessment  in  such  manner  as  to  them  shall  seem 
just,  and  require  the  work  to  be  completed  accord- 
ing to  the  directions  of  the  council,  or  board;  and 
may  instruct  and  direct  the  superintendent  of 


EOAD  LAWS.  295 

streets,  or  county  surveyor,  to  correct  the  warrant, 
assessment,  or  diagram  in  any  particular,  or  to 
make  and  issue  a  new  warrant,  assessment,  and 
diagram,  to  conform  to  the  decisions  of  said  coun- 
cil, or  board,  in  relation  thereto,  at  their  option. 
All  the  decisions  and  determinations  of  said  council, 
or  board,  upon  notice  and  hearing  as  aforesaid, 
shall  be  final  and  conclusive  upon  all  persons  en- 
titled to  appeal  under  the  provisions  of  this  sec- 
tion, as  to  all  errors,  informalities,  and  irregular- 
ities which  said  council,  or  board,  might  have 
remedied  and  avoided;  and  no  assessment  shall  be 
held  invalid,  except  upon  appeal  to  said  council, 
or  board,  as  provided  in  this  section  for  any  error, 
informality,  or  other  defect  in  any  of  the  proceed- 
ings prior  to  the  assessment,  or  in  the  assessment 
itself,  where  notice  of  the  intention  of  the  council, 
or  board,  to  order  the  work  to  be  done,  for  which 
the  assessment  is  made,  has  been  actually  pub- 
lished in  any  designated  newspaper  of  said  city  for 
the  length  of  time  prescribed  by  law,  before  the 
passage  of  the  resolution  ordering  the  work  to  be 
done. 

Sec.  14.  At  any  time  after  the  period  of  thirty- 
five  days  from  the  date  of  the  warrants,  as  herein 
provided,  or  if  an  appeal  is  taken  to  said  council, 
or  board,  as  provided  in  section  thirteen  of  this 
act,  at  any  time  after  five  days  from  the  decision 
of  said  council,  or  board,  or  after  the  return  of  the 
warrant  or  assessment,  after  the  same  may  have 
been  corrected,  altered,  or  modified,  as  provided  in 
said  section  thirteen  (but  not  less  than  thirty-five 
days  from  the  date  of  the  warrant),  the  contractor 
or  his  assignee  may  sue,  in  his  own  name,  the 
owner  of  the  land,  lots,  or  portions  of  lots,  assessed 
on  the  day  of  the  date  of  the  recording  of  the 
warrant,  assessment,  and  diagram,  or  any  day 
thereafter  during  the  continuance  of  the  lien  of 
said  assessment,  and  recover  the  amount  of  any 
assessment  remaining  unpaid,  with  interest  thereon 
at  the  rate  of  ten  per  cent  per  annum  until  paid. 


296  ROAD  LAWS. 

And  in  all  cases  of  recovery  under  the  provisions 
of  this  act,  the  plaintiff  shall  recover  the  sum  of 
fifteen  dollars,  in  addition  to  the  taxable  cost  as 
attorney's  fees,  but  not  any  percentage  upon  said 
recovery.  And  when  suit  has  been  brought,  after  a 
personal  demand  has  been  made  and  a  refusal  to 
pay  such  assessment  so  demanded,  the  plaintiff 
shall  also  be  entitled  to  have  and  recover  said  sum 
of  fifteen  dollars,  as  attorney's  fees,  in  addition 
to  all  taxable  costs,  notwithstanding  that  the  suit 
may  be  settled  or  a  tender  may  be  made  before  a 
recovery  in  said  action,  and  he  may  have  judgment 
therefor.  Suit  may  be  brought  in  the  superior 
court  of  the  county  within  whose  jurisdiction  the 
said  work  has  been  done,  and  in  case  any  of  the 
assessments  are  made  against  lots,  portions  of  lots, 
or  lands  the  owners  thereof  cannot,  with  due  dili- 
gence, be  found,  the  service  in  each  of  such  actions 
may  be  had  in  such  manner  as  is  prescribed  in  the 
codes  and  laws  of  this  state.  The  said  warrant, 
assessment,  certificate,  and  diagram,  with  the  affi- 
davit of  demand  and  non-payment,  shall  be  held 
prima  facie  evidence  of  the  regularity  and  correct- 
ness of  the  assessment  and  of  the  prior  proceedings 
and  acts  of  the  superintendent  of  streets,  or  county 
surveyor,  and  council,  or  board,  upon  which  said 
warrant,  assessment,  and  diagram  are  based,  and 
like  evidence  of  the  right  of  the  plaintiff  to  re- 
cover in  the  action.  The  court  in  which  said  suit 
shall  be  commenced  shall  have  power  to  adjudge 
and  decree  a  lien  against  the  premises  assessed,  and 
to  order  such  premises  to  be  sold  on  execution,  as 
in  other  cases  of  the  sale  of  real  estate  by  the 
process  of  said  courts;  and  on  appeal,  the  appellate 
courts  shall  be  vested  with  the  same  power  to  ad- 
judge and  decree  a  lien  and  to  order  such  premises 
to  be  sold  on  execution  or  decree  as  is  conferred  on 
the  court  from  which  an  appeal  is  taken.  Such 
premises,  if  sold,  may  be  redeemed  as  in  other 
cases.  In  all  suits  now  pending,  or  hereafter 
brought  to  recover  street  assessments,  the  proceed- 


ROAD  LAWS.  297 

ings  therein  shall  be  governed  and  regulated  by  the 
provisions  of  this  act,  and  also,  when  not  in  con- 
flict herewith,  by  the  codes  of  this  state.  This  act 
shall  be  liberally  construed  to  effect  the  ends  of 
justice. 

Sec.  15.  The  council,  or  board,  instead  of  wait- 
ing until  the  completion  of  the  improvement,  may, 
in  its  discretion,  and  not  otherwise,  upon  the  com- 
pletion of  two  blocks  or  more  of  any  improvement, 
order  the  street  superintendent,  or  county  surveyor, 
to  make  an  assessment  for  the  proportionate 
amount  of  the  contract  completed,  and  thereupon 
proceedings  and  rights  of  collection  of  such  propor- 
tionate amount  shall  be  had  as  provided  herein. 

Sec.  16.  The  records  kept  by  the  superintendent 
of  streets,  or  county  surveyor  in  conformity  with 
the  provisions  of  this  act,  and  signed  by  him,  shall 
have  the  same  force  and  effect  as  other  public  rec- 
ords, and  copies  therefrom,  duly  certified,  may  be 
used  in  evidence  with  the  same  effect  as  the 
originals.  The  said  records  shall,  during  all  office 
hours,  be  open  to  the  inspection  of  any  citizen 
wishing  to  examine  them,  free  of  charge. 

Sec.  17.  Notices  in  writing  which  are  required 
to  be  given  by  the  superintendent  of  streets,  or 
county  surveyor,  under  the  provisions  of  this  act, 
may  be  served  by  any  person  with  the  permission 
of  the  superintendent  of  streets,  or  county  sur- 
veyor, and  the  fact  of  such  service  shall  be  verified 
by  the  oath  of  the  person  making  it,  taken  before 
the  superintendent  of  streets,  or  county  surveyor, 
who  for  that  purpose,  and  for  all  other  purposes, 
and  in  all  cases  where  a  verification  is  required 
under  the  provisions  of  this  act,  is  hereby  author- 
ized to  administer  oaths,  or  other  person  authorized 
to  administer  oaths,  or  such  notices  may  be  deliv- 
ered by  the  superintendent  of  streets,  or  county 
surveyor,  himself,  who  must  also  verify  the  service 
thereof,  and  who  shall  keep  a  record  of  the  fact  of 
giving  such  notices,  when  delivered  by  himself 


298  EOAD  LAWS. 

personally,   and   also   of   the   notices   and  proof   of 
service  when  delivered  by  any  other  person. 

Sec.  18.  Whenever  any  street,  or  portion  of  a 
street,  has  been  or  shall  hereafter  be  fully  con- 
structed to  the  satisfaction  of  the  superintendent 
of  streets  or  county  surveyor,  and  of  the  council,  or 
board,  and  is  in  good  condition  throughout  and  a 
sewer,  gas  pipes,  and  water  pipes  are  laid  therein, 
under  such  regulations  as  the  council,  or  board, 
shall  adopt,  the  same  shall  be  accepted  by  the 
council,  or  board,  by  ordinance,  and  thereafter  shall 
be  kept  in  repair  and  improved  by  the  said  mu- 
nicipality, or  county  as  herein  directed,  provided 
that  the  council,  or  board,  may  partially  or  con- 
ditionally accept  any  street,  or  portion  of  a  street, 
without  a  sewer,  or  gas  pipes,  or  water  pipes  there- 
in, if  the  ordinance  of  acceptance  expressly  states 
that  the  council,  or  board,  deems  such  sewer,  or 
gas  pipes,  or  water  pipes  to  be  then  unnecessary, 
but  the  lots  of  land  previously,  or  at  any  time, 
assessable  for  the  cost  of  constructing  a  sewer 
shall  remain  and  be  assessable  for  such  cost,  and 
for  the  cost  of  repairs  and  restoration  of  the  street 
damaged  in  the  said  construction,  whenever  said 
council,  or  board,  shall  deem  a  sewer  to  be  neces- 
sary, and  shall  order  it  to  be  constructed,  the  same 
as  if  no  partial  or  conditional  acceptance  had  ever 
been  made.  The  superintendent  of  streets,  or 
county  surveyor,  shall  keep  in  his  office  a  register 
of  all  streets  accepted  by  the  council,  or  board,  un- 
der this  section,  which  register  shall  be  indexed 
for  easy  reference  thereto. 

Sec.  19.  The  council,  or  board,  shall  have  full 
power  and  authority  to  construct  sewers,  gutters, 
and  manholes  and  provide  for  the  cleaning  of  the 
same,  and  culverts  or  cesspools,  or  crosswalks  or 
sidewalks,  or  any  portion  of  any  sidewalk  upon  or 
in  any  of  such  streets,  avenues,  lanes,  alleys,  courts 
or  places,  and  also  for  drainage  purposes  over  or 
through  any  right  of  way  obtained  or  granted  for 


EOAD  LAWS.  299 

such  purposes,  with  necessary  and  proper  outlet  or 
outlets  to  the  same,  of  such  materials,  in  such  a 
manner,  and  upon  such  terms  as  it  may  be  deemed 
proper. 

Sec.  20.  The  said  council,  or  board,  may,  in  its 
discretion,  order  by  resolution,  that  the  whole  or 
any  part  of  the  cost  and  expenses  of  any  of  the 
work  mentioned  in  this  act  be  paid  out  of  the 
treasury  of  the  municipality,  or  county,  from  such 
fund  as  the  council,  or  board,  may  designate. 
Whenever  the  work  to  be  done  is  situated  partly 
within,  and  partly  without,  the  municipality,  both 
the  council  and  the  board  may,  in  their  discretion, 
order,  by  resolution,  that  the  whole,  or  any  part  of 
the  costs  and  expenses  of  the  work  mentioned  in 
this  act,  be  paid  out  of  the  treasury  of  said  mu- 
nicipality, or  county,  or  both,  and  when  the  whole, 
or  a  portion  thereof  is  to  be  paid  out  of  both,  each 
shall  pay  such  proportion  thereof  as  may  be  agreed 
upon,  from  such  funds  as  the  said  council,  or  board 
may  designate. 

Sec.  21.  Whenever  a  part  of  such  cost  and  ex- 
penses is  so  ordered  to  be  paid,  the  superintendent 
of  streets,  or  county  surveyor,  in  making  up  the 
assessment  heretofore  provided  for  such  cost  and 
expenses,  shall  first  deduct  from  the  whole  cost 
and  expense  such  part  thereof  as  has  been  so  or- 
dered to  be  paid  out  of  the  municipal  treasury  or 
county  treasury,  as  the  case  may  be,  and  shall  as- 
sess the  remainder  of  said  cost  and  expense  pro- 
portionately upon  the  lots,  parts  of  lots,  and  lands 
fronting  on  the  streets  where  said  work  was  done, 
or  liable  to  be  assessed  for  such  work,  and  in  the 
manner  heretofore  provided. 

Sec.  22.  The  city  engineer,  or  where  there  is 
no  city  engineer,  or  the  proceedings  hereunder  are 
before  the  board  of  supervisors,  the  county,  or  city 
and  county  surveyor  shall  be  the  proper  officer  to 
do  the  surveying  and  other  engineering  work  nec- 
essary to  be  done  under  this  act,  and  to  survey  and 
measure  the  work  to  be  done  under  contracts  for 


300  EOAD  LAWS. 

grading  and  macadamizing  streets,  and  to  estimate 
the  costs  and  expenses  thereof;  and  every  certifi- 
cate signed  by  him  in  his  official  character  shall 
be  prima  facie  evidence  in  all  courts  in  this  state 
of  the  truth  of  its  contents.  He  shall  also  keep  a 
record  of  all  surveys  made  under  the  provisions 
of  this  act,  as  in  other  cases. 

Sec.  23.  The  term  "incidental  expenses/ '  as 
used  in  this  act,  shall  include  the  compensation  of 
the  city  engineer  or  county  surveyor  for  work 
done  by  him  to  be  fixed  by  said  council  or  board; 
also  the  cost  of  printing  and  advertising  as  pro- 
vided in  this  act,  and  not  otherwise.  All  demands 
for  incidental  expenses  mentioned  in  this  section 
shall  be  presented  to  the  street  superintendent,  or 
county  surveyor,  by  itemized  bill,  duly  verified  by 
oath  of  the  demandant. 

Sec.  24.  The  notices,  resolutions,  orders  or  other 
matter  required  to  be  published  by  the  provisions 
of  this  act,  shall  be  published  in  a  daily  newspaper, 
in  municipalities  where  such  there  is,  and  where 
there  is  no  daily  newspaper,  in  a  semi-weekly  or 
weekly  newspaper,  to  be  designated  by  the  council, 
or  board,  as  often  as  the  same  is  issued,  and  no 
other  statute  shall  govern  or  be  applicable  to  the 
publications  herein  provided  for;  provided,  how- 
ever, that  only  in  case  there  is  no  daily,  semi- 
weekly  or  weekly  newspaper  printed  or  circulated 
in  any  such  municipality  then  such  notices,  reso- 
lutions, orders  or  other  matters  as  are  herein  re- 
quired to  be  published  in  a  newspaper,  shall  be 
posted  and  kept  posted  for  the  same  length  of  time 
as  required  herein  for  the  publication  of  the  same 
in  a  daily,  semi-weekly  or  weekly  newspaper,  in 
three  of  the  most  public  places  in  such  munici- 
pality. Proof  of  the  publication  or  posting  of  any 
notice  provided  for  herein  shall  be  made  by  affi- 
davit of  the  owner,  publisher  or  clerk  of  the 
newspaper,  or  of  the  poster  of  the  notice.  No 
publication  or  notice,  other  than  that  provided  for 


EOAD  LAWS.  301 

in  this  act,  shall  be  necessary  to  give  validity  to 
any  of  the  proceedings  provided  for  herein. 

Sec.  25.  Whenever  the  words  "council"  or 
"board"  are  used  herein  only  that  word  applying 
to  the  body  before  which  the  proceedings  are  pend- 
ing shall  be  used  in  the  reading  and  construction 
of  the  provisions  of  this  act  in  relation  to  pro- 
ceedings before  such  body.  The  word  "council" 
is  hereby  declared  to  include  any  body  or  board 
which,  under  the  law  is  the  legislative  department 
of  the  government  of  any  municipality.  The  word 
"board"  is  hereby  declared  to  include  the  board 
of  supervisors  of  any  county,  or  city  and  county. 

Sec.  26.  The  words  "superintendent  of  streets," 
1 1  street  superintendent "  or  "  city  engineer ' '  used 
herein,  shall  be  used  in  the  application  and  con- 
struction of  this  act  only  when  the  resolution  of 
intention  and  the  proceedings  are  under  the  juris- 
diction of  the  council  of  the  municipality,  and  this 
act  shall  then  be  read  and  construed  as  if  the 
words  f  ( or  county  surveyor, ' '  were  not  incorporated 
herein,  and  when  the  resolution  of  intention  ami 
the  proceedings  are  under  the  jurisdiction  of  the 
board  of  supervisors,  the  county  surveyor  shall  per- 
form all  of  the  acts  and  duties  herein  required  of 
the  superintendent  of  streets  and  city  engineer,  and 
this  act  shall  be  read  and  construed,  when  said 
proceedings  are  under  the  jurisdiction  of  the  board 
of  supervisors,  as  if  the  said  words  "street  super- 
intendent," "superintendent  of  streets"  and  "city 
engineer"  were  not  incorporated  herein,  and  the 
words  "county  surveyor"  only  were  used. 

Sec.  27.  The  words  "work,"  "improved"  and 
"improvement,"  as  used  in  this  act  shall  include 
all  work  mentioned  in  this  act,  and  also  the  con- 
struction, reconstruction  and  repairs  of  all  or  any 
portion  of  said  work. 

Sec.  28.  The  word  "municipality,"  as  used  in 
this  act,  shall  be  understood  and  so  construed  as  to 
include  and  is  hereby  declared  to  include,  all  cor- 


302  EOAD  LAWS. 

porations  heretofore  organized  and  now  existing, 
and  those  hereafter  organized,  for  municipal  pur- 
poses. 

Sec.  29.  The  words  "  paved "  or  "repaved,"  as 
used  in  this  act,  shall  be  held  to  mean  and  in- 
clude pavement  of  stone,  whether  paving  blocks  or 
macadamizing,  or  of  bituminous  rock  or  asphalt, 
or  of  iron,  wood  or  other  material,  whether  pat- 
ented or  not,  which  the  council  or  board  shall  by 
ordinance  adopt. 

Sec.  30.  The  word  "  street, "  as  used  in  this  act, 
shall  be  deemed  to,  and  is  hereby  declared  to,  in- 
clude avenues,  highways,  lanes,  alleys,  crossings,  or 
intersections,  courts  and  places,  and  the  term 
"main  street'7  means  such  actually  opened  street 
or  streets  as  bound  a  block;  and  the  word 
"  blocks "  whether  regular  or  irregular,  shall  mean 
such  blocks  as  are  bounded  by  main  streets,  or 
partially  by  a  boundary  line  of  the  municipality. 

Sec.  31.  The  terms  "street  superintendent"  and 
"superintendent  of  streets, "  as  used  in  this  act, 
shall  be  understood  and  so  construed  as  to  include, 
and  are  hereby  declared  to  include,  any  person  or 
officer  whose  duty  it  is,  under  the  law,  to  have 
the  care  or  charge  of  the  streets,  or  the  improve- 
ment thereof  in  any  municipality.  In  all  those 
municipalities  where  there  is  not  a  street  superin- 
tendent or  superintendent  of  streets  the  council 
thereof  is  hereby  authorized  and  empowered  to  ap- 
point a  suitable  person  to  discharge  the  duties 
herein  laid  down  as  those  of  street  superintendent, 
or  superintendent  of  streets;  and  all  provisions 
hereof  applicable  to  the  street  superintendent,  or 
superintendent  of  streets  shall  apply  to  such  per- 
son so  appointed. 

Sec.  32.  The  term  "clerk"  as  used  in  this  act, 
is  hereby  declared  to  include  any  person  or  officer 
who  shall  be  clerk  of  the  said  council,  or  board. 

Sec.  33.  The  term  "quarter  block"  as  used  in 
this  act  as  to  irregular  blocks,  shall  be  deemed  to 


EGAD  LAWS.  303 

include  all  lots  or  portions  of  lots  having  any 
frontage  on  either  intersecting  street  half  way 
from  such  intersection  to  the  next  main  street  or, 
when  no  main  street  intervenes  within  six  hundred 
feet  of  such  intersection,  only  those  lots  or  'por- 
tions of  lots  or  lands  within  a  distance  of  three 
hundred  feet  therefrom  shall  be  considered  as  be- 
ing within  the  quarter  block. 

Sec.  34.  The  term  "one  year/'  as  used  in  this 
act,  shall  be  deemed  to  include  the  time  beginning 
with  January  first  and  ending  with  the  thirty-first 
day  of  December  of  the  same  year. 

Sec.  35.  That  said  act  shall  take  effect  and  be 
in  force  immediately  upon  its  passage. 

An   Act   regulating  the  placing,   erection,   use   and 
maintenance  of   electric  poles,  wires,  cables  and 
appliances,  and  providing  the  punishment  for  the 
violation  thereof. 
[Approved  April  22,  1911;  Stats.  1911,  chap.  499.] 

§  1.  Regulating     placing,     erecting     and     maintaining 

electric  wires,   cables  and  poles. 

§  2.  Certain  wires  or  cables  excepted. 

§  3.  "Span"   wires  must  be  insulated. 

§  4.  Penalty  for  violation  of  act. 

§  5.  Conflicting  acts   repealed. 

§  6.  When  act  takes  effect. 

Section  1.  No  commission,  officer,  agent  or  em- 
ployee of  the  State  of  California,  or  of  any  city 
and  county  or  city  or  county  or  other  political 
subdivision  thereof,  and  no  other  person,  firm,  or 
corporation  shall 

(a)  Kun,  place,  erect  or  maintain  any  wire  or 
cable  used  to  conduct  or  carry  electricity,  on  any 
pole,  or  any  crossarm,  bracket  or  other  appliance 
attached  to  such  pole,  within  a  distance  of  thirteen 
(13)  inches  from  the  center  line  of  said  pole;  pro- 
vided, that  the  foregoing  provisions  of  this  para- 
graph (a)  shall  be  held  not  to  apply  to  telephone, 
telegraph  or  other  " signal''  wires  or  cables  which 


304  ROAD  LAWS. 

are  attached  to  a  pole  to  which  is  attached  no  wire 
or  cable  other  than  telephone,  telegraph  or  other 
"signal"  wire  or  cable,  except  within  the  cor- 
porate limits  of  any  city  or  town  which  shall  have 
been  incorporated  as  a  municipality,  nor  shall  the 
foregoing  provisions  be  held  to  apply  to  such  wires 
or  cables  in  cases  where  the  same  are  run  from 
underground  and  placed  vertically  on  poles,  nor  to 
"bridle"  or  "jumper"  wires  on  any  pole  which 
are  attached  to  telephone,  telegraph  or  other 
"signal"  wires  on  the  same  pole,  nor  to  any 
"aerial"  cable,  as  between  such  cable  and  any 
pole  on  which  it  originates  or  terminates,  nor  to 
wires  run  from  "lead"  wires  to  arc  lamps  or  to 
transformers  placed  upon  poles,  nor  to  any  wire 
or  cable  where  the  same  is  attached  to  the  top 
of  a  pole,  as  between  it  and  the  said  pole,  nor  to 
any  ' '  aerial ' '  cable  containing  telephone,  tele- 
graph or  other  "signal"  wires  where  the  same  is 
attached  to  a  pole  on  which  no  other  wires  or 
cables  than  wires  continuing  from  said  cable  are 
maintained,  provided,  that  electric  light  or  power 
wires  or  cables  are  in  no  case  maintained  on  the 
same  side  of  the  street  or  highway  on  which  said 
^aerial"  cable  is  placed. 

(b)  Eun,  place,  erect  or  maintain  in  the  vicinity 
of  any  pole  (and  unattached  thereto)  within  the 
distance  of  thirteen  (13)  inches  from  the  center 
line  of  said  pole,  any  wire  or  cable  used  to  conduct 
or  carry  electricity,  or  place,  erect  or  maintain  any 
pole  (to  which  is  attached  any  wire  or  cable  used 
to  conduct  or  carry  electricity)  within  the  distance 
of  thirteen  (13)  inches  (measured  from  the  center 
of  such  pole)  from  any  wire  or  cable  used  to  con- 
duct or  carry  electricity;  provided,  that  as  between 
any  wire  or  cable  and  any  pole,  as  in  this  para- 
graph (b)  named,  only  the  wire,  cable  or  pole  last 
in  point  of  time  run,  placed  or  erected,  shall  be 
held  to  be  run,  placed,  erected  or  maintained  in 
violation  of  the  provisions  of  this  paragraph;  and 
further  provided,  that  the  provisions  of  this  para- 


ROAD  LAWS.  305 

graph  (b)  shall  not  be  held  to  apply  to  telephone, 
telegraph  or  other  "signal"  wires  or  cables  on 
poles  to  which  are  attached  no  other  wires,  as  be- 
tween such  wires  and  poles  to  which  are  attached 
no  other  wires  or  cables  than  telephone,  telegraph 
or  other  "  signal M  wires,  provided  such  wires, 
cables  and  poles  are  not  within  the  corporate 
limits  of  any  town  or  city  which  shall  have  been 
incorporated  as  a  municipality. 

(c)  Eun,  place,  erect  or  maintain,  above  ground, 
within  the  distance  of  four  (4)  feet  from  any  wire 
or  cable  conducting  or  carrying  less  than  six  hun- 
dred volts  of  electricity,  any  wire  or  cable  which 
shall  conduct  or  carry  at  any  one  time  more  than 
six  hundred  volts  of  electricity,  or  run,  place,  erect 
or  maintain  within  the  distance  of  four  (4)  feet 
from  any  wire  or  cable  which  shall  conduct  or 
carry  at  any  one  time  more  than  six  hundred  volts 
of  electricity  any  wire  or  cable  conducting  or  car- 
rying less  than  six  hundred  volts  of  electricity; 
provided,  that  the  foregoing  provisions  of  this 
paragraph  (c)  shall  be  held  not  to  apply  to  any 
wires  or  cables  attached  to  a  transformer,  within 
a  distance  of  four  (4)  feet,  (measured  along  the 
line  of  said  wire  or  cable)  from  the  point  where 
such  wire  or  cable  is  attached  to  such  trans- 
former, nor  to  wires  or  cables  within  buildings  or 
other  structures,  nor  to  wires  or  cables  where  the 
same  are  run  from  underground  and  placed  verti- 
cally on  poles,  nor  to  any  "lead"  wires  or  cables 
between  the  point  where  the  same  are  made  to 
leave  any  pole  for  the  purpose  of  entering  any 
building  or  other  structure,  and  the  point  at  which 
they  are  made  to  enter  such  building  or  structure, 
and  provided,  further,  that  as  between  any  two 
wires  or  cables,  or  any  wire  or  any  cable  run, 
placed,  erected  or  maintained  in  violation  of  the 
provisions  of  this  paragraph  (c),  only  the  wire  or 
cable  last  in  point  of  time  run,  placed  or  erected 
shall  be  held  to  be  run,  placed,  erected  or  main- 
tained thus  in  violation  of  said  provision,  and 


30G  KOAD  LAWS. 

further  provided,  that  where  no  more  than  one 
crossarm  is  maintained  on  a  pole,  all  the  wires  or 
cables  conducting  or  carrying  at  any  one  time 
more  than  six  hundred  volts  of  electricity  shall  be 
placed  on  the  crossarm  on  one  side  of  the  pole,  and 
all  the  wires  or  cables  conducting  or  carrying  less 
than  six  hundred  volts  of  electricity  shall  be  placed 
on  the  crossarm  on  the  other  side  of  the  pole,  and 
further  provided,  that  the  space  between  any  wire 
or  cable  carrying  or  conducting  at  any  one  time 
more  than  six  hundred  volts  of  electricity  and  any 
wire  or  cable  carrying  less  than  said  voltage  shall 
be  at  least  thirty-six  (36)  inches  clear  measurement 
in  a  horizontal  line;  and  further  provided,  that 
where  two  or  more  systems  for  the  distribution  of 
electric  light  or  power  occupy  the  same  poles  with 
wires  or  cables,  all  wires  or  cables  conducting  or 
carrying  at  any  one  time  more  than  six  hundred 
volts  of  electricity  shall  be  placed  on  the  cross- 
arms  on  one  side  of  the  pole,  and  all  wires  or 
cables  conducting  or  carrying  less  than  said  voltage 
shall  in  such  case  be  placed  on  the  crossarms  on 
the  other  side  of  the  pole,  and  further  provided, 
that  the  space  between  any  wire  or  cable  conduct- 
ing or  carrying  at  any  one  time  more  than  six 
hundred  volts  of  electricity  and  any  wire  or  cable 
conducting  or  carrying  less  than  said  voltage  shall 
be  at  least  thirty-six  (36)  inches  in  measurement 
in  a  horizontal  line,  and  further  provided  that  in 
such  construction  all  crossarms  shall  be  at  least 
thirty-six  (36)  inches  apart  in  a  vertical  line. 

(d)  Kun,  place,  erect  or  maintain,  any  wire  or 
cable  which  shall  conduct  or  carry  at  any  one  time 
more  than  six  hundred  volts  of  electricity,  without 
causing  each  crossarm,  or  such  other  appliance  as 
may  be  used  in  lieu  thereof,  to  which  such  wire  or 
cable  is  attached  to  be  kept  at  all  times  painted  a 
bright  yellow  color;  or,  on  such  crossarm,  or  other 
appliance  used  in  lieu  thereof,  shall  be  placed 
enamelled  iron  signs,  providing,  in  white  letters  on 
a  green  background,  the  words  "High  voltage/7 


ROAD  LAWS.  307 

and  these  letters  shall  be  not  less  than  three  (3) 
inches  in  height,  said  signs  shall  be  securely 
fastened  on  the  face  and  back  of  each  crossarm. 
The  provisions  of  this  paragraph  (d)  shall  not  be 
held  to  apply  to  crossarms  to  which  are  attached 
wires  or  cables  carrying  or  conducting  more  than 
ten  thousand  volts  of  electricity,  and  which  are 
situated  outside  the  corporate  limits  of  any  town 
or  city  which  shall  have  been  incorporated  as  a 
municipality. 

(e)  Run,   place,    erect    or    maintain    any   "guy" 
wire  or  "guy"  cable  attached  to  any  pole  or  ap- 
pliance to  which  is  attached  any  wire  or  cable  used 
to    conduct    or    carry    electricity,    without    causing 
said  "guy"  wire  or  "guy"  cable  to  be  effectively 
insulated    at    all   times    at    a    distance    of   not   less 
than  four    (4)    feet  nor  more  than  eight    (8)    feet 
(measured   along   the   line   of   said  wire   or   cable) 
from   the   upper   end   thereof,  and   at   a   point   not 
less  than  eight  (8)  feet  vertically  above  the  ground 
from  the  lower  end  thereof;  and  further  provided, 
that  wherever  two  or  more  "guy"  wires  or  "guy" 
cables  are  attached  to  a  pole  there  shall  be  at  least 
one  foot,  vertical  space,  between  the  points  of  at- 
tachment, and  further  provided  that  no  insulation 
shall  be   required   at   the   lower   end   of   a   "guy" 
wire  or  "guy"  cable  where  the  same  is  attached 
to   a   grounded   anchor;    none   of   the   provisions   of 
this    paragraph     (e)    shall    be    held    to    apply    to 
"guy"   wires   or  "guy"   cables   attached   to   poles 
carrying    no    wire    or    cable    other    than    telephone, 
telegraph    or    other    "signal"    wire    or    cable,    and 
which  are  situated  outside  the  corporate  limits  of 
any  town  or  city  which  shall  have  been  incorporated 
as  a  municipality. 

(f)  Run,  place,  erect   or  maintain,  vertically  on 
any   pole,    any   wire    or    cable   used   to    conduct    or 
carry  electricity,  without  causing  such  wire  or  cable 
to  be  at  all  times  wholly  encased  in  casing  equal 
in  durability  and  insulating  efficiency  to  a  wooded 
casing  not  less  than  one  and  one-half  inches  thick. 


308  ROAD  LAWS. 

The  provisions  of  this  paragraph  (f)  shall  not  be 
held  to  apply  to  vertical  telephone,  telegraph  or 
other  "  signal "  wires  or  cables  on  poles  where  no 
other  than  such  wires  or  cables  are  maintained, 
and  which  are  outside  the  corporate  limits  of  any 
town  or  city  which  shall  have  been  incorporated 
as  a  municipality. 

(g)  Place,  erect  or  maintain,  on  any  pole,  or  on 
any  crossarm  or  other  appliance  on  said  pole,  which 
carries  or  upon  which  is  placed  an  electric  arc  lamp, 
any  transformer  for  transforming  electric  currents. 

(h)  Eun,  place,  erect  or  maintain  any  wire  or 
cable  carrying  more  than  fifteen  thousand  volts 
of  electricity  across  any  wire  or  cable  carrying 
less  than  said  voltage  or  across  any  public  high- 
way, except  on  poles  of  such  height  and  so  placed 
at  each  crossing  that  under  no  circumstances  can 
said  wire  or  cable  of  said  voltage  higher  than 
fifteen  thousand  volts  in  case  of  breakage  thereof 
or  otherwise,  come  in  contact  with  any  wire  01 
cable  of  less  than  said  voltage,  or  fall  within  a 
distance  of  ten  (10)  feet  from  the  surface  of  any 
public  highway;  or  in  lieu  thereof  double  strength 
construction  may  be  installed,  in  which  case  the 
wires  carrying  a  voltage  higher  than  fifteen  thou- 
sand volts  shall,  between  the  points  of  crossing, 
be  of  a  cross-section  area  equal  to  at  least  twice 
that  used  in  the  line  outside  of  such  crossing,  ex 
cept  where  the  conductor  used  is  equal  to  four 
nought  (0000)  Brown  and  Sharpe  gauge  or  greater, 
in  which  case  the  wrires  or  cables  will  be  consid- 
ered as  complying  with  the  law. 

(i)  Run,  place,  erect  or  maintain  any  suspension 
wire  to  which  is  attached  any  "  aerial "  cable  of 
"75  pair  number  nineteen  Brown  and  Sharpe 
gauge7'  or  over,  of  "100  pair  number  twenty-two 
Brown  and  Sharpe  gauge"  or  over,  suspended  from 
a  crossarm  (or  from  any  other  structure  or  ap- 
pliance from  which  said  suspension  wire  is  hung) 
by  a  single  bolt  and  clamp  without  at  the  same 
time  attaching  said  suspension  wire  to  said  cross- 


ROAD  LAWS.  309 

arm,  structure  or  appliance  by  an  additional  "safe- 
ty" bolt  and  clamp-  (or  other  "  safety "  appliance 
for  thus  attaching  said  suspension  wire)  of  tensile 
strength  equal  to  the  first  herein  said  bolt  and 
clamp. 

Sec.  2.  None  of  the  provisions  of  the  preceding 
section  shall  be  held  to  apply  to  "direct  current" 
electric  wires  or  cables  having  the  same  polarity, 
nor  to  "signal"  wires  when  no  more  than  two 
(2)  of  such  "signal"  wires  are  attached  to  any 
one  pole,  provided,  that  none  of  such  l '  direct  cur- 
rent "  or  "  signal ' '  wires  shall  in  any  case  be 
run,  placed,  erected  or  maintained  within  the  dis- 
tance of  thirteen  (13)  inches  from  the  center  line 
of  any  pole  (other  than  the  pole  or  poles  on  which 
said  wires  or  cables  are  carried)  carrying  electric 
wires  or  cables;  and  provided  further,  that  as  be- 
tween any  two  wires,  or  cables,  or  any  wire  or 
cable  run,  placed,  erected  or  maintained  in  viola- 
tion of  the  provision  of  this  section  2  only  the 
wire  or  cable  last  in  point  of  time  run,  placed, 
erected  or  maintained  shall  be  held  to  be  run, 
placed,  erected  or  maintained  thus  in  violation  of 
said  provisions. 

Sec.  3,  No  commission,  officer,  agent  or  employee 
of  the  State  of  California,  or  of  any  city  and 
county  or  city  or  county  or  other  political  sub- 
division thereof,  and  no  other  person,  firm  or  cor- 
poration shall  run,  place,  erect  or  maintain  any 
"span"  wire  attached  to  any  wire  or  cable  used 
to  conduct  or  carry  electricity,  without  causing  said 
"span"  wire  to  be  at  all  times  effectively  insu- 
lated between  the  outer  point  at  which  it  is  in  any 
case  fastened  to  the  pole  or  other  structure  by 
which  it  is  hung  or  supported,  and  at  the  point 
at  which  it  is  in  any  case  thus  attached,  provided, 
that  such  insulation  shall  not  in  any  case  be  placed 
less  than  two  (2)  feet  nor  more  than  four  (4) 
feet  from  said  point  at  which  said  "span"  wire 
is  so  attached,  and  that  when  in  any  case  such 
"span"  wire  is  attached  along  its  length  to  any 


310  EOAD  LAWS. 

two  (2)  such  wires  or  cables,  conducting  or  carry- 
ing electricity  and  extending  parallel  to  each  other, 
not  more  than  ten  (10)  feet  apart,  such  insulation 
shall  not  be  required  therein  at  any  point  between 
such  parallel  wires  or  cables;  none  of  the  provisions 
of  this  section  (3)  shall  be  held  to  apply  where 
"feeder "  wires  are  used  in  place  of  "span"  wires. 

Sec.  4.  Any  violation  of  any  provision  of  this 
act  shall  be  deemed  to  be  a  misdemeanor,  and  shall 
be  punishable  upon  conviction  by  a  fine  of  not  ex- 
ceeding five  hundred  dollars  ($500.00)  or  by  im- 
prisonment in  a  county  jail  not  exceeding  six  (6) 
months  or  by  both  such  fine  and  imprisonment. 

Sec.  5.  All  acts  or  parts  of  acts  which  are  in 
conflict  with  the,  or  with  any  of  the  provisions  of 
this,  act,  are  hereby  repealed. 

Sec.  6.  This  act  shall  take  effect  six  months 
from  the  date  of  its  passage  in  so  far  as  it  re- 
lates to  new  work,  and  a  period  of  five  years  shall 
be  allowed  in  which  to  reconstruct  all  existing  work 
and  construction  to  comply  with  the  provisions  of 
this  act. 

An  Act  relating  to  the  liability  of  public  officers 
for  damages  resulting  from  defects  and  dangers 
in  streets,  highways,  public  buildings,  public 
work  or  property. 

[Approved  April  26,  1911;   Stats.  1911,  chap.  593.] 

Section  1.  If  in  consequence  of  the  dangerous 
or  defective  condition  of  any  street,  highway,  public 
building,  public  work  or  property,  any  person  shall 
suffer  injury  to  his  person  or  property,  no  officer 
who  has  charge  of,  or  whose  duty  it  is  to  care 
for  or  repair,  any  street,  highway,  public  building, 
public  work  or  property,  shall  be  liable  for  any 
injury  to  person  or  property  arising  from  the  dan- 
gerous or  defective  condition  thereof  or  failure  to 
repair  the  same,  unless  such  officer  shall  have  had 
actual  notice  of  such  defective  or  dangerous  con- 
dition and  shaW  have  failed  for  a  reasonable  time 


EOAD  LAWS.  311 

after  such  actual  notice  to  repair  the  same;  pro- 
vided, that  such  officer  had  authority  to  remedy 
such  condition,  or  to  make  such  repair  at  the  ex- 
pense of  the  state,  or  a  political  subdivision  there- 
of, and  funds  were  available  for  that  purpose;  and 
provided  further,  that  it  shall  further  appear  that 
such  damage  or  injury  was  sustained  while  said 
street,  highway,  public  building,  public  work,  or 
property  was  being  carefully  used  and  that  due 
care  was  exercised  to  avoid  such  danger,  but  in  all 
such  cases  damage  may  be  recovered  against  the 
county,  city,  or  city  and  county  as  in  ordinary  ac- 
tions for  damages,  and  in  cases  of  judgment  re- 
covered against  the  county  the  amount  thereof  and 
cost  shall  be  paid  out  of  the  road  district  fund  of 
the  district  where  the  accident  occurred,  and  in  all 
other  cases  the  judgment  must  be  paid  out  of  the 
general  fund  of  such  county,  city,  or  city  and 
county. 

An  Act  to  provide  for  maintenance  of  county  high- 
ways improved  under  bond  issues  in  the  coun- 
ties of  the  state  and  empowering  the  boards  of 
supervisors  to  levy  taxes  therefor. 

[Approved   May   1,   1911;    Stats.    1911,   chap.    709.] 

Section  1.  Whenever  any  county  highway  is  im- 
proved under  a  county  bond  issue,  which  bond  issue 
covers  all  property  of  the  county,  and  is  accepted 
by  the  board  of  supervisors,  it  becomes  their  duty 
to  provide  for  a  continuous  system  of  maintenance 
from  the  fund  hereinafter  created. 

Sec.  2.  The  board  of  supervisors  must  annually 
for  each  fiscal  year,  levy  a  tax,  not  to  exceed  three 
cents  on  each  one  hundred  dollars  of  value  of  tax- 
able property  of  the  county,  for  each  one  hundred 
miles  of  improved  county  highways  under  a  bond 
issue  therefor.  This  tax  shall  be  collected  by  the 
several  officers  charged  with  the  collection  of  other 
county  taxes  in  the  same  manner  and  at  the  same 
time  as  other  county  taxes  are  collected  on  all 


312  EOAD  LAWS. 

property,  and  the  collections  thereof  must  be  paid 
into  the  county  treasury  and  by  the  county  treas- 
urer converted  into  a  separate  fund  hereby  created 
known  as  the  county  highway  maintenance  fund. 
The  money  derived  from  such  tax  must  be  applied 
solely  to  the  maintenance  of  county  highways  im- 
proved under  a  bond  issue  to  cover  the  whole 
county. 

Sec.  3.  The  board  of  supervisors  must  expend 
money  from  the  ' '  county  highway  maintenance 
fund"  for  the  maintenance  of  highways  described 
in  section  one  of  this  act,  on  a  continuous  basis 
of  repair,  and  the  highways  shall  be  improved  un- 
interruptedly after  their  acceptance. 

An  Act  to  provide  a  state  highway  from  Meyer's 
station  in  El  Dorado  county,  California,  to  Mc- 
Kinney's  in  Placer  county,  California,  and 
making  an  appropriation  therefor. 

[Approved  March  9,  1911;  Stats.  1911,  chap.  158.] 

Section  1.  There  is  hereby  appropriated  out  of 
any  money  in  the  state  treasury  not  otherwise  ap- 
propriated, the  sum  of  twenty-five  thousand  dollars 
($25,000.00)  for  the  purpose  of  locating,  surveying, 
and  constructing  a  state  highway  from  a  point  on 
the  Lake  Tahoe  state  wagon  road,  at  or  near 
Meyer's  station,  in  El  Dorado  county,  California, 
thence  past  Tallac,  Emerald  Bay,  to  MeKinney's, 
in  Placer  county,  California. 

Sec.  2.  The  work  of  locating,  surveying  and  con- 
structing said  state  highway  is  placed  under  the 
management  and  control  of  the  department  of  en- 
gineering, and  it  shall  be  the  duty  of  the  said 
state  department  to  locate,  survey  and  construct 
said  road  along  the  route  herein  mentioned.  Of 
the  money  hereby  appropriated  seven  thousand  five 
hundred  dollars  shall  be  available  on  and  after  July 
1,  1911,  and  seventeen  thousand  five  hundred  dol- 
lars on  and  after  July  1,  1912.  The  state  controller 
is  hereby  directed  to  draw  his  warrant  in  such  sums 


EOAD  LAWS.  313 

and  at  such  times  as  the  state  engineer  may,  after 
said  funds  become  available,  present  claims  there- 
for, and  the  state  treasurer  is  directed  to  pay  the 
same. 

An  Act  to  make  an  appropriation  for  the  construc- 
tion and  completion  of  a  state  highway  con- 
necting the  counties  of  Trinity,  Tehama  and 
Shasta  with  the  road  system  of  Humboldt 
county. 

[Approved  March  23,  1911;  Stats.  1911,  chap.  274.] 

Section  1.  There  is  hereby  appropriated  out  of 
any  money  in  the  state  treasury  not  otherwise  ap- 
propriated the  sum  of  fifty  thousand  dollars  ($50,- 
000.)  for  the  construction  and  completion  of  a  state 
highway  connecting  the  counties  of  Trinity,  Tehama 
and  Shasta  with  the  road  system  of  Humboldt 
county,  which  will  most  conveniently  accommodate 
the  citizens  of  said  counties. 

Sec.  2.  The  work  of  continuing  the  construction 
and  completion  of  the  said  highway  from  the  point 
to  which  it  has  been  completed,  under  the  man- 
agement and  control  of  the  department  of  engineer- 
ing, and  it  shall  be  the  duty  of  the  said  depart- 
ment of  engineering  to  continue  to  complete  the 
construction  of  said  road,  from  the  point  to  which 
said  road  has  been  completed,  to  its  terminus,  upon 
the  best  ground  and  grades  consistent  with  the 
country  traversed. 

Sec.  3.  The  money  appropriated  under  this  act 
shall  become  available  at  the  following  times. 
Twenty-five  thousand  dollars  ($25,000.)  on  and  after 
May  1,  1911,  and  twenty-five  thousand  dollars 
($25,000.)  on  and  after  July  1,  1912.  The  state 
controller  is  directed  and  instructed  to  draw  his 
warrants  in  such  amounts  and  at  such  times  as 
the  department  of  engineering  may  present  claims 
therefor,  and  the  state  treasurer  is  directed  to  pay 
the  same. 

Sec.  4.     This  act  shall  take  effect  immediately. 


314  EOAD  LAWS. 

An  Act  to  make  an  appropriation  for  the  general 
improvement  of  the  Lake  Tahoe  wagon  road; 
a  state  highway. 

[Approved  March  31,  1911;  Stats.  1911,  chap.  334.] 

Section  1.  There  is  hereby  appropriated  out  of 
any  money  in  the  state  treasury,  not  otherwise  ap- 
propriated, the  sum  of  fifteen  thousand  dollars 
for  the  general  improvement  of  the  Lake  Tahoe 
wagon  road  and  the  purchasing  of  rock  crusher 
and  necessary  equipment  therefor. 

Sec.  2.  The  department  of  engineering  shall  have 
full  control  of  such  improvements  and  shall  de- 
termine upon  what  section  of  the  Lake  Tahoe  wagon 
road,  a  state  highway,  said  money  shall  be  expended. 

Sec.  3.  The  money  appropriated  under  the  pro- 
visions of  this  act  is  hereby  made  available  as  fol- 
lows: The  sum  of  seven  thousand  dollars  is  made 
available  on  and  after  April  first,  nineteen  hun- 
dred and  eleven;  three  thousand  dollars  is  made 
available  on  and  after  July  first,  nineteen  hun- 
dred and  eleven;  three  thousand  dollars  is  made, 
available  on  and  after  April  first,  nineteen  hundred 
and  twelve,  and  the  sum  of  two  thousand  dollars 
is  made  available  on  and  after  July  first,  nineteen 
hundred  and  twelve.  The  state  controller  is  here- 
by instructed  and  directed  to  draw  his  warrants 
at  such  times  and  in  such  amounts  as  the  depart- 
ment of  engineering  may  present  claims  for,  said 
warrants  shall  be  drawn  in  favor  of  the  said  de- 
partment of  engineering,  and  the  state  treasurer  is 
hereby  directed  and  instructed  to  pay  said  warrants 
and  the  department  of  engineering  shall  distribute 
the  same. 

Sec.  4.  This  act  shall  take  effect  and  be  in  force 
from  and  after  its  passage  and  approval. 

An  Act  to  establish  the  Alpine  state  highway;  to 
define  its  course;  to  provide  for  its  supervision, 


EOAD  LAWS.  315 

construction,   repair   and   maintenance,    and   to 
make  an  appropriation  therefor. 

[Approved  April  15,  1911;   Stats.  1911,  chap.  468.] 

Section  1.  That  certain  road  commencing  at  the 
Calaveras  big  tree  grove,  located  in  Calaveras 
county,  thence  running  to  Darrington  in  said  county, 
thence  easterly  following  what  is  known  as  the 
Big  Tree  and  Carson  valley  turnpike,  to  Mount 
Bullion  in  Alpine  county;  thence  along  county  road 
to  Markleeville,  in  Alpine  county;  thence  along 
that  certain  road  via  Kirkwood,  Silver  Lake,  Pine 
Grove  and  Irishtown  to  Jackson,  in  Amador  county, 
including  therewith  the  road  from  Pickett  's  in  Hope 
Valley  connecting  with  the  Lake  Tahoe  wagon 
road,  a  state  highway,  at  Osgood's  place  in  El 
Dorado  county,  and  the  road  from  Mount  Bullion 
via  Loupe,  in  Alpine  county,  to  the  Junction  in 
Mono  county,  connecting  with  the  Sonora  and  Mono 
state  highway,  is  hereby  declared  and  established 
a  state  highway  and  shall  be  designated  and  known 
as  the  Alpine  state  highway. 

Sec.  2.  The  work  of  locating,  surveying,  con- 
structing, repairing  and  maintaining  said  state  high- 
way is  hereby  placed  under  the  management  and 
control  of  the  department  of  engineering  and  it 
shall  be  the  duty  of  said  department  to  locate,  sur- 
vey, construct,  repair  and  maintain  said  state  high- 
way along  all  the  roads  above  described,  with  such 
variations  and  modifications  of  grades  thereon  as 
will  in  the  opinion  of  said  department  be  deemed 
advisable. 

Sec.  3.  There  is  hereby  appropriated  out  of  any 
money  in  the  state  treasury  not  otherwise  appro- 
priated the  sum  of  thirty-five  thousand  dollars  to 
be  expended  under  the  supervision  of  said  depart- 
ment for  the  construction,  repair  and  maintenance 
of  said  state  highway  and  modification  of  grades 
thereon.  Of  the  sum  hereby  appropriated  seven- 
teen thousand  five  hundred  dollars  thereof  shall  be 
available  on  the  first  day  of  July,  1911,  and  the 


316  ROAD  LAWS. 

remaining  seventeen  thousand  five  hundred  dollars 
thereof  shall  be  available  on  the  first  day  of  July, 
1912. 

Sec.  4.  The  state  controller  is  hereby  directed  to 
draw  his  warrants  in  such  sums  and  at  such  times 
as  the  state  engineer  may  present  claims  therefor, 
and  the  state  treasurer  is  directed  to  pay  the  same. 


An  Act  declaring  a  state  highway  from  the  Shasta 
county  line  through  Lassen  county  to  the  Modoc 
county  line,  and  making  an  appropriation  for 
its  improvement  and  maintenance. 

[Approved  April  22,  1911;   Stats.  1911,  chap.  498.] 

Section  1.  That  certain  highway  known  as  the 
county  road,  and  beginning  on  the  boundary  line 
between  Shasta  and  Lassen  counties  in  the  north 
east  corner  of  township  37  north,  range  6  east, 
and  running  and  extending  through  township  38 
north,  range  6  east,  township  38  north,  range  7 
east,  township  38  north,  range  8  east,  to  the  Modoc 
county  line,  a  distance  of  twenty-nine  miles,  is 
hereby  declared  to  be,  and  the  same  is  a  state 
highway  and  shall  be  designated  and  known  as 
the  Lassen  State  Highway. 

Sec.  2.  The  said  road  hereby  constituted  a  state 
highway  is  hereby  placed  under  tlie  supervision 
and  control  of  the  department  of  engineering  of 
the  State  of  California. 

Sec.  3.  The  department  of  engineering  is  hereby 
authorized  to  construct,  repair  and  maintain  said 
highway  when  appropriations  are  available  there- 
for, and  to  modify  grades  thereon  wherever  neces- 
sary. 

Sec.  4.  There  is  hereby  appropriated  out  of  any 
money  in  the  state  treasury  not  otherwise  appro- 
priated, the  sum  of  five  thousand  dollars  to  be 
expended  under  the  supervision  of  the  said  depart- 
ment, for  the  construction,  repair  and  maintenance 
of  said  highway  and  modification  of  grades  there- 


ROAD  LAWS.  317 

on.  Of  the  sum  hereby  appropriated  three  thou- 
sand dollars  thereof  shall  be  available  on  the  first 
day  of  July,  1911,  and  the  remaining  two  thousand 
dollars  thereof  shall  be  available  on  the  first  day 
of  July,  1912. 

Sec.  5.  The  controller  of  the  State  of  California 
is  hereby  authorized  and  directed  to  draw  his  war- 
rant on  the  state  treasurer  for  the  said  amounts 
and  the  state  treasurer  is  hereby  directed  to  pay 
the  same. 


An  Act  to  provide  for  the  continuation  of  the 
construction  of  the  highway  known  as  Kings 
river  highway,  and  to  make  an  appropriation 
therefor. 

[Approved  April  21,  1911;   Stats.   1911,   chap.  502.] 

Section  1.  There  is  hereby  appropriated  out  of 
any  money  in  the  state  treasury  not  otherwise  ap- 
propriated, the  sum  of  twenty-five  thousand  dollars 
to  continue  and  complete  the  state  highway  now 
partially  completed  by  the  State  of  California  from 
the  General  Grant  National  Park  to  the  floor  of 
the  Kings  river  canyon. 

Sec.  2.  The  money  appropriated  under  the  pro- 
visions of  this  act  is  hereby  made  available  as  fol- 
lows: On  May  1,  1911,  twelve  thousand  five  hun- 
dred dollars,  and  on  July  1,  1912,  twelve  thousand 
five  hundred. 

Sec.  3.  The  state  controller  is  hereby  authorized 
to  draw  his  warrants  at  such  times  and  in  such 
sums  as  the  state  department  of  engineering  shall 
present  claims  for,  and  the  state  treasurer  is  au- 
thorized to  pay  the  same. 

Sec.  4.  This  act  shall  be  in  effect  from  and  after 
its  passage  and  approval. 


An  Act  to  make  an  appropriation  for  the  mainte- 
nance   of    the    state    highway    from    Emigrant 


318  EOAD  LAWS. 

Gap,  Placer  county,  to  the  west  end  of  Donner 
Lake,  Nevada  county. 
[Approved  April  21,  1911;   Stats.   1911,  chap.  503.] 

Section  1.  There  is  hereby  appropriated  out  of 
any  money  in  the  state  treasury  not  otherwise  ap- 
propriated, the  sum  of  five  thousand  dollars 
($5,000.00)  for  the  maintenance  and  upkeep  of  the 
state  highway  from  Emigrant  Gap,  Placer  county, 
to  the  west  end  of  Donner  Lake  in  Nevada  county, 
Two  thousand  five  hundred  dollars  ($2,500.00)  shall 
be  available  on  the  first  day  of  May,  1911,  and  two 
thousand  five  hundred  dollars  ($2,500.00)  shall  be 
available  on  the  first  day  of  May,  1912. 

Sec.  2.  The  state  controller  is  hereby  directed  to 
draw  his  warrants  in  such  sums  and  at  such  times 
as  the  state  engineer  may  present  claims  therefor, 
and  the  state  treasurer  is  directed  to  pay  the  same. 


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